What is New York's "tip-off provision" and how does it conflict with federal immigration enforcement efforts?
New York's "tip-off provision" is a controversial law that requires authorities to alert illegal immigrants when federal officials inquire about their immigration status. This provision essentially warns individuals that ICE or other federal agencies are investigating them, potentially allowing them to evade apprehension. The conflict arises because this provision actively works against federal enforcement efforts rather than simply refusing to cooperate. While Supreme Court "anti-commandeering" cases protect states from being forced to carry out federal functions, this tip-off provision goes beyond passive non-cooperation by actively undermining federal immigration enforcement. Constitutional law experts argue this distinction may make the provision legally vulnerable, as it represents an active effort to obstruct federal law enforcement rather than just exercising state rights to non-participation.
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New York's Tip-Off Provision and Federal Enforcement Challenges
Fox News·8 months ago