The Legal Battle Over Sanctuary Cities: A Question of Constitutional Authority
by Antonio Graceffo Aug. 31, 2025 12:00 pm
U.S. Immigration and Customs Enforcement, Public domain, via Wikimedia Commons
The debate over the legality of sanctuary cities is intensifying, with major jurisdictions such as Los Angeles and Chicago instructing their law enforcement officers to resist federal immigration enforcement.
Under current law, the Constitution assigns responsibility for immigration policy to the federal government, with federal immigration law preempting state attempts to enact their own distinct immigration policies. The Constitution grants Congress plenary power over immigration, creating a presumption that federal law should take precedence.
Sanctuary laws exist at state, county, and municipal levels across the country, typically limiting whether and how state or local authorities may cooperate with federal immigration authorities. The California Values Act is one example, prohibiting officials from inquiring into an individual’s immigration status, detaining someone at the request of federal immigration officials (detainers), or providing release date information from local custody.
https://www.alipac.us/f12/legal-battle-over-sanctuary-cities-question-constitutional-authority-432888/
