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Sanctuary State

Donald Trump and Antonin Scalia | Illustration: Eddie Marshall | Ron Sachs | CNP |MEGA | Newscom | RSSIL | Newscom | Midjourney

Immigration

On Sanctuary Cities, It's Trump vs. the 10th Amendment

The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.

Damon Root | 7.31.2025 7:00 AM

U.S. Attorney General Pam Bondi, with ICE agents in the background | Illustration: Eddie Marshall | CNP | AdMedia | SIPA |Newscom | Mariakray | Dreamstime.com

Immigration

History Isn't on the DOJ's Side in Its Case Against NYC's Sanctuary Policies

The Trump administration's lawsuit against New York City challenges decades of sanctuary policies and local independence.

Tosin Akintola | 7.29.2025 7:00 AM

Kristi Noem, Eric Adams, and Tom Homan against a backdrop of ICE officers | Illustration: Eddie Marshall | Gage Skidmore | Metropolitan Transportation Authority of the State of New York | Department of Homeland Security | Edna Leshowitz | ZUMAPRESS | Newscom

Immigration

Tom Homan's Plan To 'Flood the Zone' in Sanctuary Cities Will Lead to More Due Process Violations

DHS Secretary Kristi Noem and border czar Tom Homan blamed the shooting of an off-duty Customs and Border Protection officer on the policies of sanctuary cities like New York.

Tosin Akintola | 7.22.2025 4:36 PM

JAQ C 6-10 | Graphic by John Osterhoudt

Protests

Laura Powell: Who's Most To Blame for the Latest L.A. Riots?

Attorney Laura Powell of Californians for Good Governance joins the show to discuss the civil unrest in Los Angeles following federal immigration raids.

Zach Weissmueller and Liz Wolfe | 6.10.2025 5:00 PM

SanctuaryCity2 | NA

Federalism

My New Brennan Center Article on "Sanctuary Policies in a Federal System"

The article covers state sanctuary policies, their constitutional basis, how they can constrain Trump's mass deportation efforts, and how Trump can try to get around them.

Ilya Somin |The Volokh Conspiracy | 4.4.2025 3:40 PM

A drawing of an immigrant family | Photo: Art drawn by an Annunciation House guest; Mary Fontana

Immigration

An El Paso Christian Charity Is Caught Up in Texas' Border Fight Against the Feds

Annunciation House feeds, shelters, and clothes immigrants. State officials say it's "systemic criminal conduct."

Fiona Harrigan | 12.27.2024 7:00 AM

Missouri Flag | NA

Federalism

Eighth Circuit Wrongly Struck Down Missouri's Gun Sanctuary Law - But Also Created a Roadmap for How Such Laws Can Escape Invalidation in the Future

The court indicates the law would be constitutional so long as it does not claim to declare a federal law "invalid."

Ilya Somin |The Volokh Conspiracy | 8.28.2024 4:25 PM

SanctuaryCity2 | NA

Executive Power

New UnPopulist Article About How Sanctuary Jurisdictions Can Help Curb Overreaching Presidents

I cover both liberal immigration sanctuaries and conservative gun sanctuaries, and the more general principles behind them.

Ilya Somin |The Volokh Conspiracy | 5.28.2024 3:27 PM

Missouri Flag | NA

Sanctuary State

Federal Court Issues Flawed Decision Striking Down Missouri Gun Sanctuary Law

The ruling has significant shortcomings and may be overruled on appeal. The Biden Administration's position in this litigation is wrong for much the same reasons as the Trump Administration was wrong to target immigration sanctuaries.

Ilya Somin |The Volokh Conspiracy | 3.9.2023 10:05 PM

Florida Gov. Ron DeSantis speaking | Amy Beth Bennett/TNS/Newscom

Immigration

Let States Issue Immigration Visas - a Federalist Response to GOP Governors' Migrant Busing Stunts

GOP governors' ploy highlights the value of giving states the power to issue their own migration visas. It can simultaneously ease labor shortages, reduce disorder at the border, enable more migrants to escape poverty and oppression, and help restore the original meaning of the Constitution.

Ilya Somin |The Volokh Conspiracy | 9.23.2022 2:05 PM

SanctuaryCity2 | NA

Federalism

The Conservative Case for Sanctuary Cities and States

Political scientist David Leal explains why conservatives should reject efforts to compel states and localities to help enforce federal laws these jurisdictions oppose.

Ilya Somin |The Volokh Conspiracy | 8.2.2022 5:22 PM

SanctuaryCity2 | NA

Sanctuary State

More Sanctuary States of the Right

Conservative states seeking to protect gun rights are copying the tactics used by liberal immigration sanctuaries.

Ilya Somin |The Volokh Conspiracy | 6.14.2021 6:08 PM

Montana

Sanctuary Cities

A Sanctuary State of the Right

Montana's new law refusing to help enforce federal gun restrictions is similar to liberal "sanctuary cities'" refusal to assist in federal immigration enforcement. Both are protected by Constitution.

Ilya Somin |The Volokh Conspiracy | 4.25.2021 5:08 PM

Supreme-Court-building-Wikimedia | Wikimedia

Supreme Court

Conservative Judges Chose Legal Principles Over Partisanship and Trump - But We Shouldn't Take that for Granted

Conservative judges have stymied Trump in his election challenges - and many other cases where his positions went against their legal principles. But a populist/nationalist GOP could gradually change the nature of conservative jurisprudence.

Ilya Somin |The Volokh Conspiracy | 12.14.2020 3:13 PM

CaliforniaFlag3 | NA

Volokh Conspiracy

Supreme Court Declines to Hear Trump Administration Appeal of the California "Sanctuary State" Case

The ruling is yet another setback for the administration, though legal battles over sanctuary jurisdictions will continue.

Ilya Somin |The Volokh Conspiracy | 6.16.2020 1:42 PM

spnphotosnine443232 | Oliver Contreras/CNP/AdMedia / SplashNews/Newscom

Supreme Court

Trump Administration Asks Supreme Court to Hear Sanctuary Cities Case

The constitutional showdown over federalism and immigration approaches SCOTUS.

Damon Root | 11.4.2019 11:35 AM

CaliforniaFlag3 | California

Sanctuary Cities

Trump Administration Seeks Supreme Court Review of California "Sanctuary State" Case

California has largely prevailed in the lower courts, and the administration's petition focuses on the part of the law with the strongest backing from Supreme Court federalism precedent. It's a case the administration deserves to lose.

Ilya Somin |The Volokh Conspiracy | 10.29.2019 3:47 PM

immigrationprotest_1161x653 | Joe Sohm Visions of America/Newscom

Sanctuary Cities

California's Sanctuary Laws Survive Another Trump Challenge

Federal judges rule state cannot be forced to assist immigration officials.

Scott Shackford | 4.19.2019 1:45 PM

CaliforniaFlag3 | California

Volokh Conspiracy

Federal Appellate Court Rules Against Trump Administration on Most Issues in California "Sanctuary State" Case

The ruling, written by a Republican-appointed judge, is an important victory for federalism.

Ilya Somin |The Volokh Conspiracy | 4.18.2019 11:17 PM

Large image on homepages | Santislaus County Sheriff's Dept.

Sanctuary Cities

Sanctuary Cities Aren't to Blame for Killing of California Cop

The suspect's previous DUI arrests didn't even put him on ICE's radar.

Scott Shackford | 12.31.2018 2:30 PM

Volokh Conspiracy

Federal Court Rules Against Trump Administration on Most Issues in California "Sanctuary State" Case

The ruling is just the start of what may be a prolonged legal battle over immigration and federalism.

Ilya Somin |The Volokh Conspiracy | 7.5.2018 9:25 PM

Large image on homepages | Curtis Perry

Law & Government

The Constitutional Case for California's Sanctuary State Laws

The feds may commandeer local police into administering neither federal gun control nor federal immigration policy.

Damon Root | 5.22.2018 6:00 AM

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