Tom Steyer, a billionaire candidate in California’s gubernatorial race, has vowed to prosecute Immigration and Customs Enforcement agents, a promise that legal experts say violates the U.S. Constitution. Steyer has called for abolishing ICE and jailing its agents, describing the federal law enforcement agency as operating outside legal bounds. The California gubernatorial race has featured multiple candidates making similar pledges regarding federal immigration enforcement officials. The U.S. Constitution’s Supremacy Clause and longstanding Supreme Court precedent prohibit states from criminally prosecuting federal officers for actions taken in the lawful course of their duties, according to constitutional scholars.
Under Article VI of the Constitution, states lack the authority to charge federal agents with crimes related to their official responsibilities if those actions were reasonably believed necessary to fulfill their federal duties. This constitutional barrier has been settled law for decades and represents a foundational principle of American federalism. Legal experts have noted that such prosecutions would violate the separation of powers between state and federal governments.
Candidates Make Similar Pledges
Former Los Angeles Mayor Antonio Villaraigosa compared ICE officers to extremist organizations. State Schools Superintendent Tony Thurmond promised to have ICE agents arrested, while former U.S. Health and Human Services Secretary Xavier Becerra vowed to monitor federal immigration enforcement activities. The candidates represent leading figures in California’s race for the state’s highest office.
Their statements have drawn attention to the debate over federal immigration enforcement in the state. Constitutional scholars have indicated that state officials cannot unilaterally enforce such promises without facing legal consequences themselves. The pledges highlight tensions between state and federal authority over immigration policy.
