Attorney General Jeff Sessions has put out a warning for the state of California on immigration. Sessions addressed the California Peace Officers' Association and said that while there might be differing political opinions when it comes to immigration, the law and its purpose is clear. He emphasized on the fact that there will be no nullification.
Sessions issues stern warning against California
Sessions issued this warning after California laws tried to act against the enforcement of the federal immigration laws. A lawsuit against three of California's laws has been filed. Among the laws, one deals with an inspection carried out by the state attorney general in case any facility is suspected to be housing illegal immigrants. The second law bars private employees and federal authorities from working together on matters of illegal immigration.
Sessions has emphasized that the state is not authorized to go against the laws enacted by the Congress nor is it permitted to obstruct the enforcement of laws.
Even so, the federal government cannot force any state to administer a federal law. The Tenth Amendment calls this commandeering and it is outside this amendment.
The federal government is allowed to provide financial incentives in return for cooperation by state officials but they can in no way. force a state to execute a federal law.
In a situation where a federal law needs to be executed against the will of state officials, it must be done by the federal government itself and by bearing all associated costs, whether financial or political.
In case of California however, the state is interfering with the enactment of a federal law, making a case for the federal government. While a federal government is not authorized to enforce state officials to execute federal laws, states are also not permitted to interfere in the enactment of those laws the federal government considers necessary.
During the presidency of Eisenhower, he had sent federal troops to enforce a law in Little Rock despite the blatant opposition stated by the then governor of the state of Arkansas.
Many fear that California will become the next Little Rock and that the federal government may do everything within its scope to execute the immigration laws despite opposition by state officials in California.
In a scenario where the President considers it necessary to implement a federal law within a state, he or she may call the National Guard and use any federal forces that are deemed necessary.