New England has always taken great pride in its values. We proudly believe that our state should be open to all—inclusive, accepting, and welcoming. We believe that we have a duty to take care of each other and that everyone here, no matter where they were born, should be able to live their lives the way they choose and have the opportunity to reach their full potential. This was a place of abolitionists, a port of entry for those seeking freedom and a new beginning.
Our elected leaders, as well, have spoken forcefully defending our individual liberties and protecting immigrant communities.
Now, as the Trump administration starts rolling out its agenda of mass deportations and draconian immigration enforcement, it is important to remember what we stand for—and to understand that, despite their threats and intimidation, Connecticut authorities are under no obligation to be accomplices in their efforts.
Let’s start with some basics: the Constitution makes very clear that state governments are distinct, separate actors from the federal government, not subordinate to them. The 10th Amendment plainly states that any power not specifically listed as delegated to the United States is reserved to the states. This means states are sovereign entities and cannot be compelled by the federal government to do its bidding. The President or any of its agencies cannot demand state officials enforce federal laws, because state governments have the power to write and enforce their own.
This is not an old precedent or a conclusion of some dusty Supreme Court ruling that has been largely defended by a few cranks until Trump won reelection. The idea that federal authorities cannot compel state officials to enforce their laws, for instance, is at the core of the 2018 ruling that legalized sports gambling nationwide. The federal government cannot commandeer state resources to enforce its legislation and cannot compel state authorities to pass or repeal legislation. They are separate entities, period.
As a result, when ICE, Homeland Security, Border Patrol, or any agency that is looking to engage in a deportation campaign in our state asks for help, it should be taken as a request, not an order. State and local governments are under no obligation to dedicate any resources or support to their efforts to enforce a law other than their own. If federal authorities want to enforce their laws, they cannot force Connecticut taxpayers to dedicate their own limited resources to fulfill their agenda. If our state and local officials want to stand aside, they can, and they should.
Much has been written about the legal threats in some of the recent executive orders against state officials that “fail to comply” with immigration enforcement requests. The courts have also been consistent for decades that these threats are nonsense, and federal authorities have no authority to compel anything from local officials. Any such requests are and must be voluntary, not mandatory, and ICE has acknowledged this repeatedly over the years, even during the first Trump administration.
I fully understand how some local elected leaders might feel a sense of dread when reading them and think that supporting the feds might be an easy way out to avoid years of litigation and legal troubles. It is not. Any state or local agency that takes part in any deportation efforts would, for starters, spend considerable resources that could be used elsewhere in other areas (like arresting real criminals) without any compensation from ICE. If something goes wrong (and knowing the usual level of competence of immigration authorities, things will go wrong), state authorities will be liable for any mistakes as well. Just last year, New York City paid a $92 million settlement for wrongfully detained immigrants on ICE’s behalf—money that ICE will not cover.
Above all, more than legal rulings, constitutional amendments, or precedent, state and local officials should refuse to support mass deportations as a matter of defending our values and rights. We believe that Connecticut should be a welcoming, inclusive, vibrant place to live. We believe that everyone deserves a chance to thrive and prosper, no matter where they come from or who they are. We have voted for you, just a few months ago, to defend these values. Today, we have the moral obligation of defending our neighbors against indiscriminate, draconian immigration policies. We also have the right, as a state, to choose our own path and refuse to be part of their efforts.
We care about our neighbors, our friends, and our communities. If we believe that Connecticut is different, that the Trump administration does not reflect who we are and what we stand for, now is the time to show it.