Federalism Under The Current Administration: Constitutionality & Legality Of Trump’s Anti-Immigration Agenda
Introduction
Author: Diana Barajas
Department: UIC Institute for Policy and Civic Engagement (IPCE)
Advisor: Mitzi Ramos, Ph.D., LARES
Abstract: Federalism – a principle embedded in the 10th amendment – refers to a type of government where powers is divided between the different levels of government and where people are subject to the laws at each level. However, under the current administration, federalism has come under fire due to federal overreach. As noted by Butler, “Federalism is not a procedural formality — it is the most effective defense against an expansive federal government. As the Trump administration pushes forward with its efforts to make Washington more accountable and efficient, the message from state leaders is clear: federal power needs to stop where state authority begins.” This study examines the constitutionality and legality of the President’s immigration agenda and its subsequent impact on federalism and state rights through a case study of California and Illinois, drawing on academic literature, court cases, and media coverage.
When it comes to federalism under the Trump administration, many states have turned to executive action, legislative action, and lawsuits to challenge perceived 10th Amendment violations. This is particularly the case when it comes to federal immigration policy. In expanding executive power through unilateral actions bypassing congressional oversight, Trump is testing limits on presidential power as a means of reforming and redefining US federalism. However, California and Illinois are examples of states actively pushing back on federal overreach. In the case of California, propositions have restricted the use of state resources to back federal immigration enforcement and lawsuits to challenge the deployment of the national guard to sanctuary cities. In Illinois, legislation has restored protections for sensitive areas, while lawsuits are seeking to limit menacing ICE raids. To address weakening federalism under the Trump administration, states need to not only challenge 10th Amendment violations through the courts, but also work with their federal legislative officials to challenge executive oversight.
Keywords: Federalism, Tenth Amendment, Federal Overreach, Immigration Policy, Executive Power, Sanctuary States