Wherever leftists have political control, they pass laws and regulations claiming that they are “sanctuary” cities and states where illegal aliens will be protected from a federal government seeking to enforce immigration laws. In his first term, Trump didn’t know how to stop this, and under Biden, the federal government was an accomplice in illegal immigration. Now, though, if Tom Homan needs to be and is confirmed as Trump’s border czar (it’s unclear if he needs to be) and if federal judges follow the law, this illegal activity will finally stop.

The federal government has absolute control over immigration law under the supremacy clause. However, across America, various states and municipalities have effectively told the feds that “you’re not the boss of me.”

As of 2017 (yes, when Trump was president), California passed a law officially declaring itself to be a sanctuary state, free from the burden of federal immigration laws. Less than two years later, Colorado passed a variation of the same law. Other states that officially interfered in one way or another with enforcing federal immigration laws are Connecticut, Illinois, Maine, New York, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

Image: YouTube screen grab (cropped).

Meanwhile, the nation is dotted with sanctuary cities, both in states that have no laws on the subject or that ban the whole sanctuary concept. Atlanta, Georgia, for example, says it’s a sanctuary city even though the state bans the concept. The Massachusetts legislature hasn’t passed laws one way or another, but the state Supreme Court ruled in 2017 that people cannot be held simply because ICE wants them, while Boston is all-in on sanctuary city status. Other major sanctuary cities are Detroit, Ann Arbor, Minneapolis, Cleveland, Cincinnati, and multiple jurisdictions in Pennsylvania, including Philadelphia.

In each case, the authorities who announced their sanctuary status were and are openly defying the federal government’s complete and absolute authority over immigration in America, including removing illegal aliens from American soil. And for eight years, they’ve gotten away with it.

The whole sanctuary state and city thing, of course, was a fallow issue during the Biden years. He turned all of America into a sanctuary, not for people fleeing genocide, but for those coming because America is nicer than where they live. The government benefits are an enticement, as are the opportunities for crime or advancing the global caliphate.

However, with Trump’s return, the sanctuary concept has returned, too. That’s because, in response to the voters’ overwhelming preference, Donald Trump has promised to deport millions of illegal aliens.

Last time, Trump was stopped when leftists found compliant judges in out-of-the-way jurisdictions, got injunctions stopping Trump’s immigration policies, and froze the federal government’s ability to execute the law. The RINOs in Congress didn’t help, for they refused to fund Trump’s policies.

This time around, the illegal immigration activists are readying the same tactics. Naturally, they’re already lining up the lawsuits. Leftist governors are also swinging into action, as are blue-city leaders. Boston’s Mayor Michelle Wu was equally adamant—Boston’s illegals will stay in her city.

Homan is having none of this, as he explained in the wake of Mayor Wu’s insistence that her illegal aliens would be safe from deportation:

He said federal law prohibits people from harboring or concealing “an illegal alien from federal law enforcement officers.”

“Look, there’s a clear line here, and they can’t cross a clear line,” he said. “They can not cooperate, but there are certain laws in place that they can’t cross. And I hope she doesn’t cross it.”

The risk for Wu and others like her is that Homan is correct. Former federal prosecutor Andrew McCarthy explains:

He pointed out that it is a federal felony under Section 1324(1)(a)(iii) of the immigration laws (Title 8, U.S. Code) if a person,

knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation[.]

The Supreme Court has explained, in United States v. Gillock (1980), for example, that "in those areas where the Constitution grants the Federal Government the power to act, the Supremacy Clause dictates that federal enactments will prevail over competing state exercises of power." As a result, state or municipal officials who are accused of violating federal criminal law will not be heard to claim in their defense that they were carrying out official state policies – even if those policies are codified in laws, regulations, or ordinances at the state or local levels.

I sincerely hope that Homan and Trump can do what the American people want them to do: Stop the lawlessness that starts when aliens cross illegally into America. Worse, this lawlessness extends to federal authorities flying illegal aliens all over the country (including flying murderers to their destinations of choice) while local governments hand them free shelter, food, and medical care. All of this mocks the rule of law in America.

Congress needs to get on board with Trump’s plan, and the Trump administration had better have a way to deal with two-bit, essentially-criminally-inclined district court judges who use their small courtrooms to block the entire federal government from functioning under the Constitution.