"In a November article published by Bloomberg View, Harvard law professor Noah Feldman said core federalism principles embodied in those rulings allow municipalities to resist cooperation with immigration enforcement, and bar Trump from withholding funds from cities that do so.

“Behold the revenge of conservative federalism,” he wrote. “Judge-made doctrines developed to protect states’ rights against progressive legislation can also be used to protect cities against Trump’s conservative policies. Ain’t constitutional law grand?”

But appellate litigators David Rivkin and Elizabeth Price Foley expressed a different view in a Los Angeles Times article published in December.

According to Rivkin and Foley, the anti-commandeering doctrine doesn’t protect cities from federal requests for information about arrests of immigrants who are in the country illegally. And tying federal law enforcement aid to cooperation in immigration enforcement furthers the goal of public safety, making the conditions relevant to the federal interest, they say."

rest at


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