In an attempt to ensure that state officials report undocumented immigrants to federal immigration agencies, Congress passes a law that targets sanctuary cities. The Stop Sanctuary Cities Act reads as follows:
State and local government entities and officials are required to provide to the Department of Homeland Security, upon the Department’s request, information regarding the citizenship or immigration status of any individual.
Congress believes that by making it more difficult for cities to serve as sanctuaries, the population of undocumented immigrations will be reduced. The law should increase deportation rates by requiring information sharing from local and state officials. This, in turn, should deter undocumented individuals from immigrating to the United States.
A large border city—City B—has been a sanctuary city for many years. City B has an ordinance that prohibits all city officials from providing information about the unlawful immigration status of city residents to the federal government. City B believes that facilitating deportation is both unjust and bad for community safety.
City B brings suit against the federal government on the grounds that the “Stop Sanctuary Cities” Act is unconstitutional under the anti-commandeering principle of the Tenth Amendment.
- How should the court rule? Explain, focusing only on the anti-commandeering principle.
How should the court rule? Explain, focusing only on the anti-commandeering principle.