Attorneys General: State And Local Law Enforcement Cannot Be Commandeered For Federal Law Enforcement

Attorneys general from 11 states issued a joint statement recently addressing a memorandum from a Trump political appointee at the U.S. Department of Justice addressing state and local involvement in federal immigration enforcement.

“It is well-established—through longstanding Supreme Court precedent—that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws,” the statement read.

“While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service—and at no cost to itself—the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.”

Hawaii’s Attorney General Anne Lopez will fight to uphold the rule of law, said Special Assistant to the Attorney General Dave DAy and Solicitor General Kalikoʻonālani Fernandes. 

“The Department of the Attorney General will proudly stand up for the right of Hawaiʻi to assert itself within our federal structure of government,” they said.

Along with Hawaii, attorneys general of California, New York, Colorado, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Rhode Island, and Vermont reiterated their responsibility to enforce state laws.

“As state attorneys general, we have a responsibility to enforce state laws—and we will continue to investigate and prosecute crimes, regardless of immigration status. We will not be distracted by the President’s mass deportation agenda,” the attorney generals noted in the statement.

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