A billionaire candidate in California’s gubernatorial race has pledged to prosecute federal Immigration and Customs Enforcement agents, a vow that legal experts say violates constitutional protections for federal officers.
The candidate has called ICE a “violent extremist group” and promised to jail its agents. Other leading contenders in the race for California governor have made similar pledges, including vows to arrest immigration enforcement officers and to “police the immigration police.”
What Constitutional Law Says
Under the Supremacy Clause of Article VI of the U.S. Constitution, states cannot criminally prosecute federal officers for actions taken in the lawful course of their federal duties. This principle has been established law for more than two centuries through Supreme Court precedent.
Legal scholars have noted that this constitutional protection is foundational to American federalism. The restriction applies when federal officers reasonably believed their actions were necessary to fulfill their official duties.
The Campaign Trail Promises
Multiple candidates in the California gubernatorial race have made enforcement-related pledges. Former Los Angeles Mayor Antonio Villaraigosa compared ICE officers to the Ku Klux Klan, while State Schools Superintendent Tony Thurmond promised to have ICE agents arrested.
Former U.S. Health and Human Services Secretary Xavier Becerra vowed to “police the immigration police.” The candidates represent leading contenders to govern the nation’s most populous state.
Implementation Questions
Questions remain about how such pledges would be executed. California law enforcement would be required to attempt arrests of armed federal agents, an action that legal experts view as unlikely and constitutionally problematic.
No mechanism exists under current law for state officials to override federal law enforcement authority in this manner, according to constitutional scholars.
This story has been updated. CNN’s Digital Desk contributed to this report.
