Blue-state Democrats who once invoked the Constitutions Supremacy Clause to attack Texas for enforcing immigration law at the southern border are now working overtime to undermine that same federal authority when it no longer suits their political agenda.
According to The Western Journal, the latest flashpoint is New York, where Democratic officials are moving to restrict cooperation with Immigration and Customs Enforcement and effectively dictate the terms under which federal agents may operate. This is precisely the kind of conflict the Supremacy Clause was written to resolve: when Washington abdicates its duty, states may step in, but when states attempt to obstruct lawful federal enforcement, they run headlong into constitutional limits.
The Biden administrations refusal to secure the border created a vacuum that Texas and other conservative states tried to fill; now, blue states are attempting the opposite, seeking to block enforcement altogether.
Former acting ICE Director and current White House Border Czar Tom Homan has made it clear he has not forgotten what the Constitution says, even if progressive politicians have. In response to a threat from New York Democrats to advance legislation barring local police from cooperating with federal immigration authorities, Homan delivered a blunt warning at an event in Arizona on Tuesday. He said New York Democratic Gov. Kathy Hochul would soon see more ICE agents than youve ever seen before, according to WNYW-TV.
That message underscored a basic reality: federal immigration law is not optional, and states do not get to nullify it because their leaders prefer open borders.
Hochul, however, appears determined to test that principle. Later the same day, she publicly tried to draw a line around how federal law enforcement may operate in her state, as if the governor of New York could unilaterally set the rules for ICE. All Ill say to Mr. Homan is that Donald Trump himself said he would not send a surge of ICE agents to the state of New York unless I ask, Hochul said. Im not asking.
Her defiance came even before the full package of proposed legislation was rolled out, a package that goes beyond mere non-cooperation and veers into outright obstruction. The measures would make it mandatory for local agencies to refuse assistance to ICE, effectively turning sanctuary policies into a statewide command.
Even more troubling, the legislation would make it easier to dox federal agents by attempting to ban them from wearing masks in New York, exposing them and their families to harassment and potential violence. This is not protecting communities; it is targeting law enforcement officers for political retribution.
Homan, appearing on Fox News The Ingraham Angle on Wednesday, responded to Hochuls bravado with a mix of amusement and resolve. Asked about her claim that she would not request additional ICE agents, he laughed and made clear that federal enforcement does not hinge on the whims of a liberal governor. Well, Gov. Hochul, Im not asking either, he told Laura Ingraham. I said it, were going to do it.
He then explained why a surge in federal manpower would be necessary if Hochul signs legislation designed to lock us out of jails where safe, controlled arrests typically occur. By barring ICE from accessing inmates in secure facilities, the state would force agents to track down criminal aliens in neighborhoods, increasing risks for officers, bystanders and the migrants themselves. Youre forcing us into the neighborhoods to find this person, Homan said. Now weve got to send a whole team out to find this person. So of course were going to increase manpower a lot.
Homan also dismantled Hochuls claim that these measures are about shielding migrant communities. He noted that by blocking detention in New York, the governor would simply ensure that illegal immigrants are moved farther from their support networks. And not only that, she said she wants to protect the migrant communities really? he continued, pointing out that under such a regime, they could not be detained locally. Were going to arrest that illegal alien, were going to fly them to Texas or Arizona to one of the detention facilities there, away from their families, away from their attorneys, he said.
For Homan, the responsibility for those consequences lies squarely with Hochul and her allies. This is what we have to do because she forces this position. And were going to do it. Theyre not going to stop us. They can put all the roadblocks they want, but were going to do this job. That is the voice of a federal official determined to carry out the law despite partisan interference, a stark contrast to the Biden administrations pattern of retreat and excuse-making.
New Yorks governor may wish to decide who enters and remains in her state, but after years of pushing policies that invite illegal immigration and then trying to hobble ICE, she has forfeited any claim to moral high ground. The era in which Washington Democrats could ignore their constitutional duty while progressive governors played both victim and gatekeeper is ending, and if Hochul insists on escalating the confrontation, she should be prepared to own the fallout.
If she chooses a path that makes streets less safe and forces more dangerous at-large arrests, then, as with Minnesota Gov. Tim Walz and the chaos his policies have fueled, any blood spilled will be on the hands of those who chose ideology over law and order.
Login