February 3, 2026
Red and blue states diverge sharply on immigration enforcement cooperation
States split: Indiana, Tennessee tighten ICE cooperation; Illinois, Maine create restrictions
Republican-led states expanded 287(g) agreements and state-federal MOUs for immigration enforcement partnerships. Texas, Florida, and other red states increased cooperation with ICE, allowing local law enforcement to enforce federal immigration laws and detain undocumented immigrants for deportation.
Democratic-led states strengthened sanctuary protections limiting cooperation with federal immigration authorities. California, New York, Illinois, and other blue states passed new laws restricting local law enforcement from participating in immigration enforcement and limiting information sharing with federal authorities.
The Department of Justice filed lawsuits against sanctuary jurisdictions arguing their policies violated federal immigration law. The lawsuits targeted state and local laws that limited cooperation with ICE, arguing that federal immigration law preempts state and local restrictions.
The policy split reflected deeper ideological divide over immigration federalism under the Trump administration. Republicans argued for state and local cooperation with federal enforcement, while Democrats emphasized state sovereignty and community trust in local law enforcement.
Legal battles intensified constitutional debates over preemption and state sovereignty. Courts had to balance federal immigration authority with state police powers and determine whether federal law completely preempts state and local immigration policies.
The expansion of 287(g) agreements came with increased federal funding to participating jurisdictions. The Trump administration offered financial incentives to states and localities that agreed to cooperate with immigration enforcement, creating a financial motivation for participation.
Sanctuary policies faced challenges from both federal lawsuits and local opposition. Some cities and counties within sanctuary states passed ordinances opposing state sanctuary laws, creating complex jurisdictional conflicts over immigration enforcement authority.
The policy divide affected immigrant communities differently depending on their location. Immigrants in Republican states faced increased enforcement and deportation risks, while those in Democratic states had more protections but also faced uncertainty about federal enforcement actions.
People, bills, and sources
What you can do
1
civic action
Contact your state representatives about immigration policies
Advocate for state-level immigration policies that balance public safety with community trust and constitutional rights. Ask your representatives to support policies that protect immigrant communities while ensuring proper law enforcement cooperation.
find your state legislature at ncsl.org
My name is [Name] and I am a resident of [State]. I am calling about state immigration policies that balance public safety with protecting immigrant communities. I urge the representative to support policies that maintain community trust while ensuring proper law enforcement cooperation.
2
civic action
Support immigrant rights organizations working on state policy
Donate to or volunteer with organizations defending immigrant rights and sanctuary policies at the state level. These groups provide legal assistance, policy advocacy, and community organizing to protect immigrant communities.
info@nilc.org
I am calling to support the National Immigration Law Center work defending state sanctuary policies and immigrant rights. I am concerned about the federal lawsuits against sanctuary jurisdictions and want to help fund legal challenges and policy advocacy.
3
understanding
Learn about immigration federalism and state authority
Study the constitutional balance between federal immigration authority and state police powers. Understanding federalism helps you advocate for proper immigration policies that respect both federal authority and state sovereignty.
info@brennancenter.org
I am calling to learn about immigration federalism and the balance between federal and state authority. I want to understand the constitutional issues in the debate over sanctuary policies and state cooperation with immigration enforcement.