The BBC has been accused of using its Bitesize website to push open borders, Net Zero and woke ideology on children as young as 11, teaching them that more immigration is great and anyone who disagrees is likely a bigot.
The post BBC Bitesize Accused of ‘Brainwashing’ Schoolchildren with Left-Wing Views on Migration and Net Zero appeared first on The Daily Sceptic.
Yesterday, in United States v. City of New York, yet another federal court ruled against the Trump administration in a sanctuary city case. "Sanctuary" jurisdictions are state and local governments that restrict their law enforcement agencies and other employees from assisting federal immigration enforcement and deportation efforts in various ways. In this case, Judge Reyes of the US District Court for the Eastern District of New York upheld New York City laws restricting local law enforcement information-sharing and other assistance to federal immigration enforcers.
The court ruled that federal law does not preempt these policies, and that if if it did, there would be a violation of the anti-commandeering requirements of the Tenth Amendment:
Even were the Court to find that the United States has standing and the challenged provisions are preempted—both answered in the negative above—United States' claims would still fail because the anticommandeering doctrine of the Tenth Amendment to the Constitution of the United States precludes relief.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. amend. X….
The United States argues it is "not seeking to compel participation in immigration enforcement … but rather to remove Defendants' express and implicit obstacles to the Executive's duty to carry out its immigration enforcement duties…." New York City replies "if accepted, [the United States' claims] would require the City to affirmatively assist the federal government in enforcing immigration laws in violation of the Tenth Amendment's anticommandeering doctrine…." New York City is correct, at least partially.
The United States seeks injunctive and declaratory relief to preempt the challenged provisions… If the challenged provisions were struck, while New York City would not be obligated to carry out federal immigration enforcement, they would be barred from prohibiting their agencies and employees from engaging in federal immigration enforcement by expending personnel, property, and other resources to (1) detain individuals and (2) implement inter-agency information-sharing, including disclosing personally identifiable information, all potentially in violation of state law. And of course, there is nothing within federal law that obligates states to participate in federal immigration enforcement or compels states to comply therewith.
The United States' preemption arguments amount to nothing more than a backdoor around the Tenth Amendment and rest on a false distinction between (a) compelling local governments' participation in federal immigration enforcement and (b) prohibiting local governments from dictating how their personnel and other resources may be utilized towards federal immigration enforcement….. "
The basic principle—that Congress cannot issue direct orders to state legislatures—applies" to commands for "affirmative action" and the imposition of "prohibitions." Murphy [v. NCAA], 584 U.S. at 455 (citation modified). If states cannot remain free to control their agencies and employees to resist federal immigration enforcement, which is within states' constitutional prerogatives, the Tenth Amendment anticommandeering doctrine means nothing.
This reasoning is correct. And it is notable that this ruling - like many others protecting sanctuary cities - relies heavily on the Supreme Court's 2018 anti-commandeering decision in Murphy v. NCAA, written by Justice Samuel Alito (probably the Court's most conservative justice), and joined by all the other conservatives then on the Court. In that case, the Court emphasized that the anti-commandeering doctrine bars Congress from dictating the actions of state and local legislatures, regardless of whether the dictation takes the form of an affirmative mandate, or a prohibition against legalizing or barring something under state law.
Judge Reyes also rejects the administration's argument under the "intergovernmental immunity" doctrine, which bars states and localities from directly regulating federal agencies or "discriminating" against them. Like the court in the recent case of United States v. New Jersey, he correctly emphasizes that there can be no discrimination when there is no other comparable activity that gets more favorable treatment under the sanctuary jurisdiction's policies:
"Differential treatment is critical to a discrimination-based intergovernmental immunity claim." New York, 814 F. Supp. 3d at 282….; "[A] comparator is necessary." New York, 810 F. Supp. 3d at 353. The United States discrimination claim fails for lack of a comparator.
The United States does not and cannot identify a similarly situated entity. State and local agencies and their officers do not enforce immigration law, nor do members of the public… As the United States concedes, the Federal Government holds the "exclusive charge of enforcing immigration law…." Not only are other federal law enforcement agencies with different charges differently situated, "[f]or a state law to unconstitutionally discriminate against the federal government, it must treat comparable classes of federal and non-federal employees differently, not different classes of federal employees." Illinois, 796 F. Supp. 3d at 534
I would add that, as I explained in a recent post, the entire antidiscrimination element of the intergovernmental immunity doctrine is dubious, and should probably be overturned by the Supreme Court:
[T]he whole doctrine of intergovernmental immunity strikes me as bogus, judge-made law. There is no provision in the Constitution requiring it. And the federal government is not some historically oppressed minority group protected by the antidiscrimination provisions Fourteenth Amendment. Where state and local governments are otherwise free to refuse to help the feds, that autonomy should not be forfeited merely because they choose to support potentially similar activities by state or local governments, or by the private sector. Obviously, a district court cannot refuse to obey Supreme Court precedent in this field. But I hope the Supreme Court might someday reevaluate that precedent.
This is just the most recent of a long line of defeats for Trump in sanctuary city cases, in both his first and second administration. Judge Reyes cites close to a dozen such cases over the last year alone. I summarized this jurisprudence more fully in a post covering three other recent sanctuary cases, last month:
In cases where the administration has tried to directly coerce states and localities into cooperating, courts have rightly ruled this violates the Supreme Court's "anti-commandeering" precedents, a series of decisions reached primarily by conservative justices, which hold that the federal government may not force state and local governments to help enforce federal law or carry out under federal purposes. In cases where Trump has sought to withhold federal funds from sanctuary jurisdictions, courts have (also rightly) ruled that the executive cannot impose conditions on federal grants that were not authorized by Congress and (in some cases) that the Trump conditions are unconstitutionally coercive. For my analyses of Trump II court decisions on these issues, see here, here, and here.
My 2019 Texas Law Review article surveying and assessing litigation arising from Trump's first-term attacks on sanctuary jurisdictions. There and in other writings, I also explain why immigration sanctuaries (and conservative gun sanctuaries) are beneficial, and help protect our constitutional system. See also my February 2026 Dispatch article, "In Defense of Sanctuary Cities," which provides an overview of these issues, and defends sanctuary jurisdictions on both constitutional and policy grounds.
Yesterday's ruling may be appealed. But if so, it is unlikely to be overturned.
Trump has posted a few rare wins in sanctuary cases with unusual facts, such as in the Contracts Clause case I analyzed in the September post. But, such cases are highly exceptional. And, as explained in the September post, the Contracts Clause decision has various flaws, and would not greatly impede sanctuary jurisdictions even if it survives on appeal.
Overall, Trump has been losing these kinds of cases so much that he might even get tired of losing.
The post Trump Loses Yet Another Sanctuary City Case—This Time Against New York City appeared first on Reason Magazine.
Khan is set to replace Smith as the most popular surname for newborns next year following a surge in immigration and a decline in the native birth rate, according to an analysis of official data.
The post Khan to Overtake Smith as Most Common English Surname appeared first on The Daily Sceptic.
Despite admitting mass immigration is damaging the country, the ruling classes fail to secure the border while clamping down on dissent. It's accelerating Britain towards crisis, say David Betz and Michael Rainsborough.
The post Britain is Accelerating Towards Crisis appeared first on The Daily Sceptic.
Four in five new jobs created in Britain since 2014 were taken by migrants while the number of British people on out-of-work benefits increased by 2.3 million, according to a report from the Centre for Social Justice.
The post Migrants Taking Four in Five New Jobs appeared first on The Daily Sceptic.
Nigel Farage has pledged to shut down the asylum system for five years and deport 90,000 applicants immediately.
The post Farage Pledges to Shut Down Asylum System appeared first on The Daily Sceptic.
A second village is to hold a vote on whether to have a referendum to leave the UK in protest over plans to create a camp to house 1,250 asylum seekers in a former RAF base nearby.
The post Second Village to Hold Vote on Referendum to Leave Britain appeared first on The Daily Sceptic.
The locking down of Gosport to protect illegal migrants shows beyond doubt that Britain is a two-tier state, says Paul Birch, where locals must produce ID while illegal migrants are escorted away in luxury coaches.
The post The Locking Down of Gosport to Protect Illegal Migrants Shows Beyond Doubt That We Live in a Two-Tier State appeared first on The Daily Sceptic.
Police have 'locked down' an entire town to stop unrest by setting up a dispersal zone covering the whole of Gosport following protests sparked by the arrival of a migrant boat using a 'new route' from Normandy.
The post Police Lock Down Entire Town to Stop Unrest as Nearly 150 Small-Boat Arrivals Use ‘New Route’ to Land in Gosport appeared first on The Daily Sceptic.
Nearly all women who attempt to reach the UK in small boats from northern France are raped on their journey, Shabana Mahmoud, the Home Secretary, has said.
The post Nearly All Women Who Try to Reach UK in Small Boats Are Raped During Their Journey, Says Shabana Mahmoud appeared first on The Daily Sceptic.
British taxpayers have already paid for nearly 1,000 free hijabs for Channel migrants this year, with the total likely to hit 1,500.
The post UK Hands Out More Than 1,000 Free Hijabs to Channel Migrants at Taxpayer Expense appeared first on The Daily Sceptic.
Five more charities in receipt of three quarters of a million pounds of public funds have been added to Charlotte Gill's list of taxpayer-funded asylum charities which are assisting illegal migration to the UK.
The post Five Examples of Taxpayer-Funded Asylum and Migration Charities appeared first on The Daily Sceptic.
When CofE bishops in London read in a Left-wing rag that anti-small boat activists were attending church, they immediately released a statement. Where are all the statements about Left-wing activists, wonders Julian Mann.
The post Are People Who Are Concerned About Illegal Immigration Welcome in the Church of England? appeared first on The Daily Sceptic.
Statistics on the composition of the population are much more meaningful than those on the level of immigration per se. Unfortunately, we only get decent estimates of the composition every ten years.
The post The Problem With UK Immigration Statistics appeared first on The Daily Sceptic.
How successful is racial integration in Britain? The ultimate test, says James Hartwood, is living next door – which is when even small cultural differences are magnified to the max and tensions can boil over.
The post Integration and the Neighbours Who Integrated Perfectly Until You Had to Live Next Door appeared first on The Daily Sceptic.
Faced with a fiscally incontinent state drowning in DEI and incapable of controlling its borders, it's easy for the Right to feel like its losing, says Dr Hugh Willbourn. But weirdly, so does the Left.
The post Everybody is Losing appeared first on The Daily Sceptic.
Danny Tommo, the anti-migrant activist, has been denied bail after appearing in court for allegedly slashing a migrant boat in the Channel – despite the five suspects in the RAF Fairford terror plot all being bailed.
The post Danny Tommo Denied Bail appeared first on The Daily Sceptic.
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