cross-posted from: https://infosec.pub/post/49354026
The Trump administration is suing Maryland over a recent law barring state and local law enforcement from cooperating with federal immigration authorities like Immigration and Customs Enforcement (ICE).
The 33-page complaint, filed Thursday, seeks to have Senate Bill 791, or the Community Trust Act, declared unconstitutional and asks a judge to enter an injunction blocking the state from enforcing the law.
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The lawsuit also contains two counts premised on immunity – alleging the Maryland law attempts to unlawfully regulate federal law enforcement and discriminates against immigration agents.
Police forces are from powers that inherently lie with the states under the 10th Amendment.
There is no obligation for the states to support/enforce Congress’s regulations from article 1. That lies with Article 2’s (executive) obligation such that Article 1 (Congress) apportions for it. Congress can make an alotment to entice the states to support Article 2’s obligation, but that is not inherently required to be accepted. If a state prosecutor refers a conviction to ICE at some point, that is up to prosecutorial discretion such that the state doesn’t direct its agents to not do so.
Basically, the states can do whatever they want to ensure the heath, safety, and welfare of its populous such that those actions do not violate the Bill of Rights as incorporated to apply against them via the 14th Amendment.