On July 25, federal district court Judge Lindsay C. Jenkins issued a ruling rejected the Trump Administration's lawsuit challenging Illinois "sanctuary" policies restricting state and local government assistance to federal immigration enforcement policies. Judge Jenkins held that the policies in questions generally do not conflict with federal immigration law, because "any collaboration under the ]Immigration and Nationality Act] is permissive, not mandatory." Federal law allows state cooperation, but does not require it. In addition, mandatory cooperation is barred by the Supreme Court Tenth Amendment "anti-commandeering" precedent, which bars the federal government from requiring state and local governments to help enforce federal law:
Even if the Sanctuary Policies "obstruct[] federal immigration enforcement, the United States'[s] position that such obstruction is unlawful runs directly afoul of the Tenth Amendment and the anticommandeering rule." California II, 921 F.3d at 888. "Extending conflict or obstacle preemption to [the Sanctuary Policies] would, in effect, 'dictate what a state legislature may and may not do.'" Id. at 890 (citation modified) (quoting Murphy, 584 U.S. at 474). It would transform a statutory provision giving States "the right of refusal" into a provision requiring state action. Id. As explained, "the Federal Government may not compel the States to implement, by legislation or executive action, federal regulatory programs." Printz, 521 U.S. at 925.
