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Index/Topics/8 U.S.C. §§ 1373 and 1644

8 U.S.C. §§ 1373 and 1644

The constitutionality and interpretation of 8 U.S.C. §§ 1373 and 1644, particularly in relation to sanctuary jurisdictions and federal funding.

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Jan 30, 2026

How have lower federal courts interpreted 8 U.S.C. §1373 and §1644 in cases involving sanctuary jurisdictions?

Lower federal courts have produced a mixed — sometimes contradictory — body of rulings on C. §§ 1373 and 1644: early precedent treated the statutes as a permissible federal limitation on local restric...