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State Legislatures Flooded with Bills to Block Deportation

State lawmakers across the country have introduced nearly 250 bills designed to restrict or complicate aspects of the Trump administration’s immigration enforcement agenda, creating another front in the continuing battle between Democratic-led states and the federal government.

A review by State Futures identified 242 immigration-related bills introduced across 32 states, according to OregonLive. Fifty-three of those measures have passed in 17 states.

The proposals address everything from how federal immigration officers identify themselves to where Immigration and Customs Enforcement can operate and whether new detention facilities can be established.

Some would prohibit federal law enforcement officers from wearing masks while carrying out immigration operations. Others would restrict access to undercover license plates, limit ICE activity on certain government-owned property or place obstacles in the way of opening additional immigration detention centers.

The Trump administration has challenged some of those efforts in court, arguing that states cannot interfere with legitimate federal immigration enforcement.

The mask restrictions have been particularly contentious because ICE personnel have sometimes concealed their faces during operations. Supporters of state restrictions argue that officers conducting enforcement actions should be readily identifiable. Federal officials counter that masking can be necessary to protect agents and their families from harassment, threats and identification online.


Another dispute involves undercover license plates. The Justice Department has sued states over restrictions affecting the ability of ICE and Department of Homeland Security personnel to obtain plates used for covert law enforcement operations.

Even Democratic governors have not supported every proposal coming from their own party’s lawmakers. Some measures have been vetoed in blue states amid concerns that legislators were attempting to push state authority too far into an area where the federal government possesses substantial constitutional power.

That question — where state authority ends and federal immigration authority begins — is likely to determine the fate of many of the 53 measures that have already become law.

The legislative campaign is unfolding alongside an enormous volume of immigration litigation.

Breitbart recently reported that organizations supporting immigrants have helped produce approximately 20,000 lawsuits challenging deportations and other elements of the administration’s immigration program. Those cases include individual disputes as well as broader challenges to administration policies.

The results have varied dramatically among federal judges, although raw statistics based on the president who appointed a judge require caution because the cases reaching different judges are not necessarily comparable.

According to figures cited by Breitbart, judges appointed by President Joe Biden ruled against ICE detention positions in 92 percent of 5,914 cases, while judges appointed by President Barack Obama ruled against ICE in 95 percent of 4,360 cases.

But high rates of rulings against ICE were not limited to Democratic appointees.

Judges appointed by Republican President George W. Bush also ruled against ICE in 90 percent of 3,072 cases, according to the same figures.


Trump-appointed judges backed ICE’s detention position in 34 percent of 3,946 cases, while remaining judges appointed during the Reagan administration sided with ICE in 36 percent of 352 cases.

Those numbers demonstrate significant differences among groups of judges, but they do not by themselves establish that partisan affiliation caused the outcomes. Case facts, jurisdiction, controlling precedent and the particular government policies being challenged can all affect rulings.

The administration nevertheless argues that repeated litigation is being deliberately used to delay enforcement.

James Percival, general counsel for the Department of Homeland Security, accused opponents of trying to overwhelm the administration through repeated challenges in federal district courts.

“They know if they can just get enough crazy district judges to do enough crazy things, they can run out the clock,” Percival said.

“That’s the strategy.”

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