Gov. Lamont signs new ICE restrictions into law. But can they survive a legal challenge?
The new law sharply limits where local and federal authorities can arrest people, and opens agents up to lawsuits for violating people's rights. Within hours, the Trump administration threatened a legal challenge.
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Immigration agents now face strict new rules about how – and where – they can operate under a new law that Gov. Ned Lamont signed on Monday.
But the Trump administration is already threatening a legal fight.
Can the new law survive a court challenge?
LAMONT SIGNS LAW
Federal immigration agents must now show their faces and identify themselves in Connecticut. And starting in October, they won’t be allowed to arrest people at schools, hospitals or playgrounds without a warrant.
If agents violate the rules, they can now face lawsuits.
“There are a lot of folks that belong in this state and that’s what this law is all about,” Lamont said. “Today we’re all standing up, making sure that we make sure that the people of Connecticut – whatever race, color, creed, background, wherever you’re born – we know you, we love you, and you belong here.”
The new law comes after federal agents shot and killed two protesters in Minneapolis. In many cases, U.S. citizens have also been detained without a warrant.
“For families like mine, this means being able to go to school, work or even a doctor’s appointment without fear,” said Melany Yunga, a student at Wilbur Cross High School in New Haven.
LEGAL CHALLENGE LIKELY
Within hours, the Trump administration threatened a legal challenge.
“The Department of Justice will not tolerate the obstruction of lawful efforts to enforce federal immigration law and has sued several jurisdictions over dangerous sanctuary policies that put the American people at risk,” a U.S. Justice Department spokesperson said. “It would be nice of local politicians cared more about the public safety of their constituents than encouraging lawlessness.”
DOJ is already suing the state of Connecticut and the city of New Haven over “sanctuary policies.” The lawsuit targets the Trust Act, which limits when local police can contact immigration agents.
“These actions by Connecticut sanctuary politicians are unlawful and nothing more than a political stunt,” a Department of Homeland Security spokesperson said. “While Connecticut sanctuary politicians continue to release pedophiles, rapists, gang members, and murderers onto our streets, our brave law enforcement officers will continue to risk their lives to arrest these heinous criminals and make Connecticut safe again.”
CAN LAW WITHSTAND CHALLENGES?
Connecticut Attorney General William Tong believes the new law can withstand a legal challenge based on the Tenth Amendment, which states that any powers not delegated to the federal government are reserved for the states.
“Anybody who suggests that this defies federal law or nullifies federal law, that’s garbage,” he said. “We are sovereign in this state. This is the sovereign state of Connecticut,”
But last week, a federal appeals court handed the Trump administration a victory, blocking California’s requirement that federal agents identify themselves.
“[The law] purports to override the federal government’s power to determine whether, how, and when to publicly identify its officers,” the Ninth Circuit ruling said. “The Supremacy Clause forbids the State from enforcing such legislation.”
The Trump administration is suing three other states, including New Jersey, over similar restrictions. Ultimately, the U.S. Supreme Court is expected to decide how far states can go restricting federal agents.
“All bets are off in terms of what the Supreme Court may do,” said Sheila Hayre, who teaches immigration law at Quinnipiac University.
Hayre believes that some of the new ICE restrictions are on more solid legal ground than others.
“I think one of the stronger areas where we think of traditional state sovereignty is the courthouse,” she said. “When we’re dealing with other areas that are less part of the state’s sovereign right to determine how things function, you get a little less into protected areas.”
Last year, Connecticut banned most arrests on courthouse grounds. In November, a federal judge upheld a similar law in New York.
