From the Federal Appellate Court decision:
Before HAMILTON, BRENNAN, and KIRSCH, Circuit Judges.
HAMILTON, Circuit Judge. In our constitutional scheme, “the States possess sovereignty concurrent with that of the Federal Government, subject only to limitations imposed by the Supremacy Clause.” Tafflin v. Levitt, 493 U.S. 455, 458 (1990).
The States have “substantial sovereign authority” under this arrangement. Gregory v. Ashcroft, 501 U.S. 452, 457 (1991).
This case concerns the boundaries of that authority as applied to municipalities and other political subdivisions created by State law.
In 2021, the State of Illinois passed a law prohibiting State agencies and political subdivisions from contracting with the federal government to house immigration detainees.
Two Illinois counties challenge the law, arguing that it is preempted by federal immigration statutes and that it violates the doctrine of intergovernmental immunity.
The district court rejected those arguments and granted the State’s motion to dismiss for failure to state a claim.
The Illinois law is a permissible exercise of the State’s broad authority over its political subdivisions within our system of dual sovereignty.