The Sherrill administration on Friday afternoon asked a federal judge to dismiss the Trump administration’s lawsuit against the governor’s executive order limiting immigration authorities’ use of state-owned property.
Sherrill signed the order — Executive Order No. 12 — in February. The order bars agents from Immigration and Customs Enforcement and other federal agencies from using state property — including parking lots and parkways — to gather or to launch civil immigration enforcement operations.
The U.S. Department of Justice sued in February, arguing the order violates the Constitution’s Supremacy Clause.
On Friday, Attorney General Jennifer Davenport’s office filed a motion to dismiss the case, arguing that states have the right to limit the use of their property as they see fit and that the federal government lacks standing to sue.
“All of these claims fail because they represent an unconstitutional effort by the Federal Government to commandeer the State and its properties for federal service. Our Constitution, including the Tenth Amendment, makes clear the Federal Government bears responsibility for enforcing its laws and programs; it cannot force States to participate in or facilitate its efforts.”
Federal District Judge Georgette Castner signaled intent to act on the motion by the end of the month.
States are generally prohibited from interfering with federal law enforcement operations, but there is also little legal obligation to actively cooperate with such operations.