Are sanctuary cities legal?
I’m confused – I know many say that that is nothing new. I was wondering if sanctuary cities (or states) were legal and how can they refuse to assist federal law enforcement. For example, Minneapolis mayor Frey said “Minneapolis does not, and will not, enforce federal immigration law.” Isn’t there the supremacy clause? Article VI, Clause 2 of the Constitution states that federal laws constitute the “supreme Law of the Land” and thus take priority over any conflicting state laws. Not being trained in legalese that seems pretty clear to me. So why hasn’t Trump sued all the states and cities that have declared themselves “sanctuary cities” to impede the actions of ICE? There are over 200 sanctuary jurisdictions in the country including New York, Los Angeles, Chicago and Minneapolis. I asked AI about how can they be legal and was told that local entities have some discretion over law enforcement priorities. But why is it that that discretion trumps the Federal authorities? One must therefore conclude that the supremacy clause doesn’t establish supremacy after all.
The federal case that is relevant here is Printz which was on a provision of the 1993 Brady Handgun Act that required state and local police to enforce federal gun control laws. One of my legal heroes Antonin Scala opined that such “federal commandeering of state governments violated the constitutional principles of federalism that were safeguarded by the 10th Amendment.” Scalia ruled that “The Federal Government may neither issue directives requiring the States to address particular problems nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.” So apparently the anti-commandeering doctrine of the 10th Amendment trumps the supremacy clause of Article VI.
I asked AI about the 10th Amendment. It said “The Tenth Amendment is part of the U.S. Constitution, and it basically says that any powers that the Constitution doesn’t specifically give to the federal government are reserved to the states or to the people. So, it’s kind of a foundational piece for balancing power between the federal government and the states.”
I then asked AI if there were federal statutes banning sanctuary cities. Here is the response. “There’s no overarching federal law that outright bans sanctuary cities. The concept is mostly governed by state and local policies. The federal government has tried, at times, to cut off funding to sanctuary cities, but those efforts have faced legal challenges. Courts have generally ruled that the federal government can’t force localities to enforce immigration law, so it’s a bit of a gray area.”
So why not pass a federal law outlawing sanctuary cities? Of course there is no way such a law would get 60 votes in the senate.
haroldblackphd.com 
I think of this differently, but willingly admit this is not a legally stable position.
How is a sanctuary city distinct from a secessionist state? In the 1850’s, states were declaring that they did not accede to the laws of the United States and therefore they became a country of confederate states unto themselves, separate and distinct from the union.
A sanctuary city does the same. They declare that they do not acknowledge or accept federal law, and in most cases via ordinance, establish their own set of operating decrees and laws. We see that in Minneapolis, and refusals to cooperate or acknowledge federal immigration law responsibilities. We see it in Dearborn, MI where Muslim enclaves establish Sharia law as the dominant governance method, and dare others to come in and try to enforce otherwise American oriented legal constructs.
We can see where this goes. Illegals leverage this silliness and contort this to their benefit. But we can look to France as a prime example of the end game; Muslim dominated sanctuaries that exist as micro countries inside of France…they sap federal resources but create their own laws. French officials can’t breach their walls. And then, radical factions inflict horrible violence like the Nice truck massacre a few years ago.
This where we are and where we’re headed. There must be no micro countries inside our country. Lindsay Graham is on the right track here.
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I completely agree but I waswondering if they were legal. The courts need to address the issue again. It seems to me that as long as there is no federal statute prohibiting an action that it is legal under the 10th Amendment or else the Suprenacy clause holds. Of course I may be wrong.
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When federal judges decide to ignore federal law, sanctuary cities are ignored. A house divided against itself cannot stand. The passion to flood local, state and federal elections with illegal voters drove the concept, not compassion for hard working people. Trump’s actions to drive toward legitimate U S elections for legal voters have flushed the Democrats out. Dems prior to Obama cried out to prevent illegal immigration. Dems after Trump 1.0 reversed course. Why? Because winning power at any price is the means that justifies Dems ruling at any price.
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All true. But although a few illegals voted I think the main motivation was to up the census count having the illegals make up for the out migration of citizens from democrat run states.
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The great thing about this blog is, the topic/ comments lines up with things that I m thinking about..
Pat mentions the 1860s. How about the 1950s? When a Republican president sent bayonets and tanks to fight the guns and Confederate flags of Clinton, TN ….that is Trump Land now, because they admire that Trump enforces progressive institutional racism…
All day today, the new house is being built across the street. Mariachi music plays, Spanish is the word of the day…
They would not be here -legal or not – if Knox county didn’t want them..
Knox County is a sanctuary province..
Why is the Fed Govt the moral equalizer? : White House statement on Black History Month:
…For decades, the progressive movement and far-left politicians have sought to needlessly divide our citizens on the basis of race, painting a toxic and distorted and disfigured vision of our history, heritage, and heroes… White House Feb 3..
BUT don’t forget this dead Vietnam veteran :
….”the entry’s Google preview reads: “Medal of Honor Monday: Army Maj Gen. Charles Calvin Rogers.” Below it are the words: “Army Maj Gen Charles Calvin Rogers served through all of it. As a Black man, he worked for gender and race equality while in the service.”
“Google his name and the entry below comes up. When you click, you’ll see the page has been deleted and the URL changed to include ‘DEI medal..” Guardian 3/16/25
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I thought the national guard was sent to Clinton and not the army. But that is the case of resistance of a federal statute and a Supreme Court decision. Sanctuary cities seem to be different.
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You are right about the national guard. But the pictures are of military spirit…
Good ole LIFE magazine did a History copy- showing tanks, students in front of bayonets and caption for a picture :
…”Major General Joseph Henry Jr. led the two Guard battalions.
Robert W. Kelley The LIFE Picture Collection/Shutterstock..”
The people who fought against Clinton integration produced the generation that supports ICE.. Same Manifest Destiny, the Law Proper is splitting hairs..
Nineteen fifties, eighteen sixties, 1776….this is a country of turmoil.
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I have a somewhat pedestrian thought about AI as do millions of others. Hence I am not always willing to make its opinion(s) my own. Rarely will I do so unless it is something not lending itself to interpretation. However, here, you have written an interesting article that needs answering by the Federal Government.
Would suing be reduced to going through the motions as it were, what with the Democrat Judges who (are, apparently)seem empowered to block everything the President does~and getting away with doing so.
I am hoping sanctuary cities are illegal and are dealt with accordingly.
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Glad to read your comment..
I mock myself when I talk about illegals.Because I don’t think they’d be here if there wasn’t a demand..
Sanctuary city to me means legal residents are not hindered, that citizen-criminals have a right to law, that Fed forces can’t indiscriminately kill white people..
The ball park here in Knoxville has increased the value of nearby existing homes. I see an increase in brown- skinned people, flipping houses..
In my neighborhood, I know illegals are hired for home additions..
I’m not saying a word- for these people are building our nation..
And REPUBLICANS hire them.
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