Blue Cities’ Response to Deporting Illegal Immigrants
Thomas Allen
Several blue cities, cities controlled by Democrats, have become notorious for trying to prevent the apprehension and deportation of illegal immigrants. Instead of using the constitutional method to stop the enforcement of immigration laws, they prefer an unconstitutional approach. The political leaders of these cities support violent protests against federal agents attempting to apprehend illegal immigrants.
The constitutional approach is to have the State, i.e., the people of that State, through their legislature or special convention, find the federal immigration law unconstitutional and nullify or veto it in that State. Thus, the immigration law would no longer be valid in that State because it would not exist in that State. Any federal agent who tried to enforce the federal immigration law would violate the Constitution and could be subject to penalties. (See “Nullification and Interposition” by Thomas Allen.)
At least that is the way it would work under the Constitution that the Founding Fathers gave us. Under that Constitution, the people of each State were sovereign. As sovereigns, they decided whether the acts of their agent, the federal government, were contrary to the agreement (the Constitution) that they had entered into with the other sovereigns, i.e., the people of the other States.
However, Lincoln and the Republicans usurped the sovereignty of the people of the States and gave it to the oligarchs who control the federal government.
Unfortunately, today, the country operates under the constitution that Lincoln as furthered developed by Presidents Wilson and Franklin Roosevelt and carried to fruition by the Warren Court gave it. Under the Lincoln constitution, States have only those rights that the federal government grants them. (For the difference between the Constitution of the Founding Fathers and Lincoln’s constitution, see “What Is Your View of the US Constitution?” by Thomas Allen.)
President Trump, most Republicans, many conservatives, and all Democrats, when they control the federal government, have little use for the Constitution of the Founding Fathers. They prefer the Lincoln constitution because it gives them more power and will ignore any nullification. Consequently, since the peaceful method of nullification is not available, blue cities are reduced to violence to try to stop the enforcement of what they perceive as unconstitutional laws.
Nevertheless, the US Supreme Court allows city, county, and State officials to refuse to aid the federal government in the enforcement of federal laws. (A State may require local officials to cooperate with the federal government in enforcing federal laws.) However, they cannot actively interfere with the federal government enforcing federal laws.
(Personally, I believe that the federal government has the constitutional authority to apprehend and deport people who have entered the country illegally. However, that is a decision that the people of each State have the right to make for themselves.)
Copyright © 2026 by Thomas Coley Allen.
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