The Conservative Case for Sanctuary Cities and States

Subduing and punishing liberal “sanctuary cities” and states that refused to help enforce federal immigration restrictions was a principal focus of the Trump Administration, one backed by most conservatives. Ironically, that effort largely failed in part because sanctuary jurisdictions won a series of lawsuits in which they relied on constitutional federalism arguments previously pioneered by conservatives and libertarians, such as claims that the Tenth Amendment bans federal “commandeering” of state governments.In an insightful recent article, University of Texas and Hoover Institution political scientist David Leal argues that conservatives should rethink their opposition to sanctuary jurisdictions:

Donald Trump fought “sanctuary cities” from the very start of his presidency, but these efforts came to an unsuccessful end in 2020 for two reasons. The first was that sanctuaries beat the administration at the Supreme Court in June of that year; technically, the justices declined to hear United States v. California, thereby letting stand an appeals court ruling that upheld the bulk of California’s sanctuary laws. The second was that Joe Biden won the presidential election. The federal government is no longer opposed to state and local sanctuary policies. This raises a question: when a Republican returns to the White House, should that person carry on the Trump administration’s fight against sanctuaries or choose other battles?

This is a consequential matter. Sanctuary jurisdictions impede the ability of Immigration and Customs Enforcement (ICE) to identity and remove unauthorized immigrants…

Because the political debate about these local and state laws can generate more heat than light, this essay addresses the following questions: what is an immigration sanctuary; must states and localities follow the immigration enforcement priorities of the federal government; and what are the implications of the sanctuary controversy for policies beyond immigration?

A successful federal attack on sanctuary legislation could lead to spillover effects in many policy areas, and in ways that go against core conservative values. Many conservatives would be unwilling to pay such a price, so it is crucial for the sanctuary debate to consider this larger context….

To change this status quo would require a dramatic weakening of federalism, which would be contrary to core conservative values and could come back to haunt conservatives….

For example, consider the policy implications of a more “unitary” federal government with Democrats in power in Washington. Such a government could potentially deny funding to conservative locales unless they changed their laws and policies, thereby pressuring “red” states and locales into directly carrying out and enforcing “blue” federal policies. This could allow Washington to override state and local decisions about the best way to promote safety, health, growth, and education.

Leal summarizes a range of both policy and constitutional reasons for conservatives to back sanctuary jurisdictions, even if in some cases the latter use their autonomy for purposes the political right opposes.

As Leal points out, conservatives themselves have long relied on sanctuary-style policies to resist enforcement of federa