Los Angeles: A Battleground for Presidential Authority

Sonja Sharp of the LA Times–in an article available here–reported on recent federal litigation on President Trump’s deployment of troops to Los Angeles. Sharp’s analysis ties interesting connections between the ongoing court battle and historical precedent dating back to the Fugitive Slave Act of 1950, reflecting an aggressive position of federal power over state autonomy. For further background on the Fugitive Slave Acts and a critical review of their relationship to modern immigration enforcement, see Karla McKanders 2012 article, Immigration Enforcement and the Fugitive Slave Acts: Exploring Their Similarities, in the Catholic University Law Review, available here.

Sharp’s LA Times piece quotes immigration law professor Ming Chen of UC San Francisco Law School: “It’s not a coincidence that we’re seeing immigration be the flash point, someone who wants to exert strong federal power over immigration would see L.A. as a highly symbolic place, a ground zero to show their authority.” Chen’s point highlights how Trump’s actions are about sending a political message in a city known for its diverse community and massive immigrant population, as well as a history of resisting disentangling local police with federal immigration enforcement. Chen added that “Trump and his advisers have a vision of how ICE can be emboldened” and that he is, “folding together many different kinds of excesses of executive power as though they were the same thing.”

IE