Published July 23, 2026 at 3:37 PM ET · Updated July 23, 2026 at 5:26 PM ET
Homeland Security produces a list after a Democrat demands a single case where sanctuary cities refused to hand over illegal immigrants
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A Democrat challenged Homeland Security to provide a single example of a sanctuary city refusing to hand over an illegal immigrant to federal authorities. The department responded by producing a list of such cases.
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⚖ The Constitutional Angle
Printz v. United States held the federal government may not compel state or local executive officers to administer or enforce a federal regulatory program, so Washington cannot simply order sanctuary jurisdictions to turn over immigrants. Arizona v. United States added that removal discretion sits with federal officials, meaning states cannot obstruct that federal system either. The sanctuary fight lives in that gap.
Printz v. United States 521 U.S. 898 (1997)
Vote: 5-4 · Opinion: Scalia
The federal government may not compel state or local executive officers to administer or enforce a federal regulatory program. The Brady Act's interim command that county sheriffs (CLEOs) conduct background checks on handgun purchasers — and the companion duty to accept Brady Forms from dealers — is unconstitutional, extending New York's anti-commandeering rule from state legislatures to state executive officers. Congress cannot circumvent the prohibition by conscripting the states' officers directly, regardless of how minimal the burden or how important the federal policy.
Arizona v. United States 567 U.S. 387 (2012)
Vote: 5-3 (Kagan, J., took no part) · Opinion: Kennedy
Three SB 1070 provisions are preempted: §3 (state crime for failure to carry federal alien-registration documents — field preemption; the federal registration scheme occupies the field), §5(C) (state crime for unauthorized aliens seeking or performing work — conflict/obstacle preemption; Congress deliberately chose employer sanctions, not worker criminalization, in IRCA), and §6 (warrantless state arrests of aliens believed removable — obstacle to the federal removal system, which vests removal discretion in federal officials).
Precedent facts from the PW Law Library — primary-source verified & independently audited