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Gavin Newsom’s legislative minions just got a lesson in constitutional supremacy
Border -- Fox News Opinion

Gavin Newsom’s legislative minions just got a lesson in constitutional supremacy

Published October 21, 2026 · 10:02 AM UTC
Read full story at Fox News Opinion →
Source excerpt -- Fox News Opinion
The Ninth Circuit unanimously struck down California's "No Vigilantes Act," citing the Supremacy Clause to block state restrictions on ICE federal agents.
The Anvil Daily's Analysis: Why This Matters

# Why This Matters

A three-judge panel of the Ninth Circuit Court of Appeals—hardly a conservative stronghold—just delivered a rebuke to California's attempt to restrict federal immigration enforcement on state property and by state actors. The law in question, SB 54, passed in 2017 and codified what advocates called the "California Values Act." It prohibited state and local law enforcement from using resources to enforce federal immigration law, blocked ICE access to state prison records and databases, and prevented state officers from assisting with immigration enforcement operations. The Ninth Circuit's unanimous decision that this violates the Supremacy Clause of the Constitution means California cannot use its police power to obstruct federal immigration authorities—a far more definitive loss than the state's narrower courtroom wins on related sanctuary policies over the past decade.

The practical consequence is immediate and substantial. California law enforcement agencies can no longer be prevented from cooperating with ICE by state statute. More critically, ICE agents now have clearer legal ground to access state facilities and records. In practice, this means federal immigration authorities regain access to California prisons, jails, and databases they'd been locked out of since SB 54's passage. For immigrants detained in state custody on other charges, this closes off a layer of protection many relied on—state governments deliberately making themselves unavailable as a tool of federal deportation machinery. The ruling doesn't require cooperation; it just strips away California's legal prohibition on it.

The constitutional principle here is straightforward and cuts across typical ideological lines: the federal government's enumerated powers—including immigration regulation—cannot be obstructed by states using their own law enforcement apparatus. This is old constitutional grammar, not new judicial activism. The same principle would prevent Texas from prohibiting its officers from assisting federal tax collection, or prevent Florida from blocking federal environmental enforcement. What makes this case politically charged is simply that immigration is where the federal-state conflict is hottest right now.

The conservative argument writes itself: California built an entire immigration policy around the assumption that it could conscript state resources to nullify federal law through administrative silence. The state said its officers couldn't talk to ICE, couldn't share data, couldn't assist—and if ICE wanted information, sue us. This is states'-rights rhetoric in service of openly obstructing federal statute. The Ninth Circuit's unanimity is the tell; even judges appointed by Democratic presidents recognized that California had crossed from policy disagreement into constitutional violation. Newsom's administration spent political capital and taxpayer money defending a law that never had legal legs, then lost unanimously. That's not a close call or partisan judging. That's a constitutional hierarchy reasserting itself.

Watch for California's response in the next 30-60 days. The state could request en banc review (full Ninth Circuit panel), though the unanimous decision makes that a long shot. More likely, Newsom's office will issue guidance to state agencies about compliance, potentially with some face-saving language about cooperation "in appropriate cases" that maintains the appearance of sanctuary policy while accepting the legal loss. The real indicator will be access: whether ICE can now obtain California prison records on detained immigrants without extended legal battles. That's the operational significance of this ruling, and it will show whether the state actually complies or continues obstruction through administrative delay.

The other element to track is what this means for similar sanctuary laws in other blue states. New York, Illinois, and Washington have comparable statutes restricting state cooperation with federal immigration enforcement. They'll face the same Supremacy Clause argument. A unanimous Ninth Circuit decision, even from a court known for expansive readings of state power, suggests those laws are vulnerable too. This isn't the final word—the Supreme Court could theoretically take it up—but it's a clear signal that the constitutional barriers to state-level immigration obstruction are steeper than California's political class assumed.