Trump administration challenging California sanctuary law in Supreme Court

Last week, the Trump administration filed a petition asking the Supreme Court to hear United States v. California, a challenge to a California “sanctuary state” law that prevents state law enforcement officers from assisting federal immigration officers who seek to deport certain undocumented immigrants. The crux of the administration’s argument is that its immigration policies are immune to a long-standing Tenth Amendment doctrine that historically was championed by conservative justices.

California state law prohibits its law enforcement officers from being complicit in many of Trump’s deportation policies. In 2017, California enacted a trio of laws that make it harder for the Trump administration to pursue harsh immigration policies within the state’s borders. The Trump administration wants the Supreme Court to block one of these laws, the California Values Act (CVA).

This Vox explainer provides helpful context on the changing contours of immigration federalism as a protective device for immigrants’ rights, whereas it was once used primarily to curtail them in instances like California’s Prop 187 or Arizona’s SB 1070. Considerable academic scholarship on sanctuary and anti-sanctuary provide additional context for understanding the new case.

MHC