State Preemption of Local Immigration Sanctuary Policies: Legal Considerations

States have enacted a wave of statutes over the past several years preempting local government law and policies that potentially promote public health in various ways. Among these local preemption measures are statutes in at least 9 states that outlaw municipal policies providing some form of sanctuary to immigrants. Such policies, and their preemption, have importance both for direct access to health services and for broader social determinants of health. This article gauges the coverage and potential impact of these state preemption laws based on key informant interviews nationally and a close legal analysis of relevant laws and policy documents. It distinguishes between preemption laws focused on law enforcement cooperation and those that also encompass a wider array of welcoming policies and initiatives. It also distinguishes between more passive forms of preemption that prohibit barring cooperation with federal immigration enforcement, and those statutes that more affirmatively require active measures to assist federal enforcement. Drawing these distinctions can help municipalities determine which immigrant-supportive measures are still permitted, and how best to mitigate the adverse public health effects of these preemption laws.

Automated summary

The article discusses a series of state statutes enacted in recent years preempting local government laws and policies that potentially promote public health, with a focus on outlawing municipal policies providing sanctuary to immigrants. By analyzing laws and policies, the article distinguishes different legislative focuses among states, providing assistance to municipalities in determining which immigrant-supportive measures are still permitted.