Sanctuary cities defy ICE as federal lawsuits and funding threats escalate

Chicago Mayor BJBrandon Johnson signed the 'ICE On Notice' executive order on January 31, 2026, making Chicago the first city to direct local police to investigate, document, and refer for prosecution federal immigration agents who break state or local law. The order came after Operation Midway Blitz flooded Chicago neighborhoods with hundreds of federal agents starting in September 2025.

Los Angeles Mayor Karen Bass issued Executive Directive 17 in February 2026, banning ICE and Customs and Border Protection agents from using any city-owned or controlled property for staging, processing, or basing operations. The directive also requires LAPD officers to activate body-worn cameras during any encounter with federal agents and preserve all footage as evidence.

The Department of Justice sued Los Angeles, Mayor Bass, and the LA City Council in July 2025 over the city's sanctuary ordinance signed on December 9, 2024. The DOJ argued the ordinance violates the Supremacy Clause by preventing ICE agents from carrying out federal immigration law. Bass called the lawsuit an 'all-out assault against Los Angeles.'

🦌Montana Governor GGGreg Gianforte and Attorney General AKAustin Knudsen announced on February 11, 2026, that the state would investigate Helena for violating Montana's statewide ban on sanctuary cities. The investigation targets Resolution 21062, which the Helena City Commission passed 4-1 on January 26, directing police to avoid assisting federal immigration enforcement unless legally required.

🦌Montana's House Bill 200, signed by Gianforte in 2021, bans any state agency or local government from enacting sanctuary policies. The law carries a $10,000 fine for every five days of noncompliance. Knudsen said Helena's penalty had already reached $30,000 as of the investigation announcement.

The anti-commandeering doctrine comes from two Supreme Court cases. In 🗽New York v. United States (1992), the Court ruled Congress can't force states to implement federal regulatory programs. In Printz v. United States (1997), Justice Antonin Scalia wrote for a 5-4 majority that the federal government can't 'impress into its service the police officers of the 50 States.' That case struck down the Brady Act's requirement for local sheriffs to run gun background checks.

Border Czar THTom Homan vowed in February 2026 to 'flood the zone' in sanctuary cities with federal enforcement agents after operations in Minneapolis and Chicago. Homan led enforcement surges in Chicago (Operation Midway Blitz), 🗽New York (Operation Salvo), and Minneapolis. Gregory Bovino, the Border Patrol commander-at-large who led the Chicago operation, was removed from his post in January 2026 after controversial comments following the killing of agent Alex Pretti.

A federal judge previously blocked the Trump administration from cutting funding to sanctuary cities, ruling in April 2025 that it was unconstitutional. The judge extended that order in August to cover dozens of jurisdictions including Chicago, Los Angeles, Boston, Baltimore, Denver, and Albuquerque. Despite these losses, the administration continues filing new lawsuits and threatening approximately $3 billion in federal grants to Chicago alone.