Punting on the Values of Federalism in Immigration Arena? Evaluating Operation Linebacker, a State and Local Law Enforcement Program Along the U.S.-Mexico Border

Attempting to combat drug trafficking and immigrant smuggling, a coalition of sheriffs’ departments increased police presence along the United States’s border with Mexico. Dubbed Operation Linebacker, sheriff deputies have increased patrols and, in some cases, set up vehicle checkpoints to deter crime along the border. In Texas, the Governor has provided state resources to support increased police activities. The actions have not gone without criticism, as residents and some lawmakers have complained that the deputies are enforcing federal immigration law—a claim the departments deny. This Note examines the legality of Operation Linebacker and related state and local law enforcement activities. It analyzes whether state enforcement of federal immigration laws is preempted by federal law and considers the effect of such a program on the underlying values of federalism. After examining the history of immigration enforcement by federal and state officials, evaluating issues related to preemption and state authorization, and considering policy implications, this Note ultimately concludes that any independent border enforcement by state and local law enforcement fails to fulfill values of uniformity and legitimacy in an area that implicates national affairs.