Federal Authority and State/Local Discretion
Federal law establishes that immigration enforcement is primarily a federal responsibility. The Supreme Court and lower courts have repeatedly affirmed that the federal government cannot compel state or local officials to enforce federal immigration laws, a principle rooted in the Tenth Amendment’s “anti-commandeering” doctrine125. This means that while states and localities may choose to cooperate with federal immigration authorities, such cooperation is voluntary, not mandatory1257.
Sanctuary Policies and Legal Limits
Sanctuary policies—where local jurisdictions limit cooperation with federal immigration enforcement—are generally lawful as long as they do not actively violate federal law or obstruct federal authorities125. Federal law does not criminalize the mere refusal of local officials to participate in immigration enforcement, nor does it allow the federal government to punish officials solely for adopting sanctuary policies25.
Criminal Liability Under Federal Law
Local officials can be held criminally accountable under federal law only if they actively violate specific federal statutes. For example, under 8 U.S.C. § 1324, it is a federal crime for any person—including local officials—to knowingly harbor, transport, or conceal unauthorized aliens, or to encourage them to remain in the U.S. in violation of law6. However, simply declining to enforce federal immigration law or refusing to honor immigration detainers does not, by itself, constitute a crime256.
287(g) Agreements and Voluntary Cooperation
Federal law allows for formal cooperation through 287(g) agreements, in which local law enforcement agencies can be deputized to carry out certain federal immigration enforcement functions under the supervision of federal authorities257. Participation in these programs is voluntary, and local officials are not required to enter into such agreements257.
Limits on Federal Enforcement Against Local Officials
- The federal government cannot force local officials to enforce immigration law or penalize them for not doing so, except where there is a clear violation of federal criminal statutes (e.g., harboring or aiding unauthorized aliens)1256.
- Courts have consistently blocked attempts to withhold federal funding from sanctuary jurisdictions solely based on their refusal to cooperate with federal immigration enforcement5.
- Local officials retain broad discretion in setting law enforcement priorities, provided they do not obstruct federal authorities or violate federal criminal law25.
Summary Table: Federal Accountability Mechanisms
| Action by Local Officials | Federal Accountability | Legal Basis/Limitations |
|---|---|---|
| Refusing to enforce immigration law | No criminal liability | Protected by Tenth Amendment125 |
| Adopting sanctuary policies | No criminal liability | Permitted unless obstructing federal law25 |
| Harboring or aiding unauthorized aliens | Subject to prosecution | 8 U.S.C. § 13246 |
| Voluntary 287(g) participation | Permitted, not required | INA § 287(g)257 |
Federal law holds local officials accountable only if they actively violate federal criminal statutes, such as those prohibiting the harboring or aiding of unauthorized aliens. Refusal to cooperate with federal immigration enforcement or the adoption of sanctuary policies does not, by itself, expose local officials to federal criminal liability, due to constitutional limits on federal authority over states and localities1256.
- https://www.americanimmigrationcouncil.org/research/sanctuary-policies-overview
- https://immigrationforum.org/article/are-sanctuary-policies-unlawful-state-and-municipal-prerogatives-to-collaborate-with-federal-immigration-authorities/
- https://ag.ny.gov/police-departments-law-enforcement/immigration-enforcement
- http://www.markwynn.com/trafficking/enforcing-immigration-law-the-role-of-state-tribal-and-local-le-2004.pdf
- https://www.lawfaremedia.org/article/can-the-u.s.-government-compel-states-to-enforce-immigration-law
- https://www.everycrsreport.com/reports/RL32270.html
- https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-american-people-against-invasion/
- https://aflegal.org/america-first-legal-puts-elected-officials-in-sanctuary-jurisdictions-across-the-united-states-on-notice-and-warns-of-legal-consequences-for-violating-federal-immigration-laws/
- https://www.ice.gov/identify-and-arrest/287g
- https://www.americanimmigrationcouncil.org/research/287g-program-immigration
Sources: bigny.com , tv503.com
