Confusion about Commandeering

Source: The Volokh Conspiracy
by Jonathan H Adler

“Newly-elected Virginia Governor Abigail Spanberger is refusing to cooperate with federal Immigration and Customs Enforcement (ICE) efforts to detain and deport unlawfully present immigrants, including those with criminal records. Whether or not one agrees with this policy, Governor Spanberger is under no obligation to help the federal government enforce federal law. … While states may not be commandeered by the federal government, states can be required to comply with generally applicable law — that is, laws that regulate state activities that are otherwise subject to federal regulation, such as employment or the operation of certain functions. States also cannot block federal efforts to enforce federal law directly, such as occurred with Operation Metro Surge.” (03/03/26)

https://reason.com/volokh/2026/03/03/confusion-about-commandeering/