The Justice Department (DOJ) sued New York City over its sanctuary policies on Thursday, alleging that they impede federal immigration enforcement and violate the Supremacy Clause.
New York City law prohibits the use of city resources for immigration enforcement and bans city officials from sharing information with federal immigration authorities. Exceptions can only be made to the city's detainer laws if federal authorities have a judicial warrant and the individual has been convicted of a violent or serious crime within the last five years. The lawsuit claims that these policies, which have been in place since 1989 and are codified in city code and detainer laws, have led to "tragic consequences," including a recent shooting of an off-duty Customs and Border Protection officer.
While the shooting was unfortunate, legal precedent and state laws may weaken the federal government's case that the city's sanctuary laws contravene the Supremacy Clause. The Anti-Commandeering Doctrine, established by the 10th Amendment and reinforced in Supreme Court cases such as New York v. United States (1992) and Printz v. United States (1997), prevents the federal government from compelling states to enact laws or regulations.
