George Washington University law professor Jonathan Turley explained Wednesday on Fox News how New York law has been protecting “unlawful immigrants.”
U.S. Attorney General Pam Bondi announced that the Department of Justice is suing New York for obstructing the Trump administration’s deportation efforts. This, as she discussed state officials, including Democratic Gov. Kathy Hochul, Attorney General Letitia James, and New York Department of Motor Vehicles Commissioner Mark Schroeder. During an appearance on “Jesse Watters: Primetime,” Turley weighed in on the matter and pointed to an unusual provision in New York’s law.
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“One of the interesting aspects about the case against New York is that its law has a provision that is called a tip-off provision. So that an unlawful immigrant is told whether the federal authorities have inquired about your status, and the federal officials are saying, ‘Well, what gives with that?’” Turley told Jesse Watters. “You know, you’re basically giving a tip off to someone that we’re trying to apprehend.”
Turley said that Trump has been forthright about his intentions.
“This is going to be a very interesting fight, and there’s nothing subtle about this. This is sort of smash-mouth litigation saying, ‘We’re at odds, and we’re going to have to resolve this in the courts.’ This is part of a general move by the Trump administration to go ahead and get these fights going,” Turley said. “They want to establish the rules, and President Trump has said, ‘Look, I’ll comply with court orders that go against me. I’ll appeal them, but we want judicial review.’”
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Turley detailed how the “tip-off provision” alerts illegal immigrants if federal authorities inquire about their status.
“The important distinction there, Jesse, is that there’s a line of cases in the Supreme Court called anti-commandeering cases. And in those cases, which rest on state’s rights, the court has said, ‘Look, you can’t require the state to carry out federal functions and federal policies.’ But that tip-off provision is an active effort that works against federal enforcement,” Turley said.
Turley said that the implications of this clash extend to federal funding and grants.
“And that may make that provision distinct in the eyes of the court. So all of this has got to shake out in the courts. But at the same time, it’s important for Congress to focus on grants and funding of cities and states,” Turley said. “There is no reason, in my view, why the federal government has to give grants to jurisdictions that are actively undermining federal efforts. And that will also have to be litigated. But they need to press on both fronts, and I think they are.”
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Chicago and New York, which are both sanctuary cities, have committed to protecting illegal immigrants, even as President Donald Trump promises massive deportations and stronger border security. In the press conference, Bondi discussed New York’s “Green Light Law,” enacted in 2019, which permits any resident aged 16 and older to apply for a standard, non-federal driver’s license or learner’s permit without regard to their citizenship or legal status.
This law does not require a Social Security number and is meant to ensure that all licenses look the same, regardless of the documentation provided.
“Violent criminals, gang members, drug traffickers, human smugglers will no longer terrorize the American people, and that is why we are here today,” Bondi said. “We don’t want to sue you. We don’t want to prosecute people. We want people to comply with the law.”
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First published by the Daily Caller News Foundation.