Whittier Residents Demand Action Against ICE—But Federal Law Ties City’s Hands

During the July 8 Whittier City Council meeting, a wave of passionate public comments focused on immigration enforcement and U.S. Immigration and Customs Enforcement (ICE) activity in the city. Many speakers called on the Council to take drastic action, including:

• Banning ICE from operating in Whittier

• Removing traffic cameras said to assist ICE

• Declaring Whittier a sanctuary city

• Requiring the city to give public notice of ICE operations

• Joining lawsuits to stop ICE activity entirely

While these speakers expressed deeply held views, many of their demands fall well outside the legal powers granted to cities under the U.S. Constitution.

The Supremacy Clause: Why Cities Cannot Regulate ICE

The U.S. Constitution’s Supremacy Clause (Article VI, Clause 2) makes it clear: federal law overrides state and local law. When there is a conflict, federal agencies like ICE have the legal authority to operate within any state or municipality.

This principle was cemented in the landmark 1819 Supreme Court case McCulloch v. Maryland, in which the Court ruled that states cannot tax or regulate federal agencies. Chief Justice John Marshall famously wrote:

“The power to tax involves the power to destroy.”

That logic applies today: a city or state cannot block or interfere with federal agencies such as ICE, the FBI, or ATF when they are operating within the scope of their authority.

What Whittier Can (and Cannot) Do

While some cities choose to pass non-cooperation policies to limit how local police engage with immigration enforcement, Whittier does not currently identify as a sanctuary city. However, it's worth noting:

• Whittier Police Department does not coordinate with ICE

• Los Angeles County Sheriff’s Department also refuses to cooperate with ICE

Despite this, the City of Whittier cannot ban ICE, block their operations, or legally obstruct federal enforcement. Attempting to do so would:

• Violate federal law

• Risk prosecution of city officials for obstruction

• Lead to the loss of all federal funding for city programs, schools, and public safety

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Legal Limits on Sanctuary City Status

Speakers also demanded that Whittier declare itself a sanctuary city or join a lawsuit against ICE. However:

• Sanctuary cities cannot stop federal agents from operating, they can only limit local cooperation

• Any attempt to legally challenge ICE's right to operate will fail due to federal supremacy

• Courts have repeatedly ruled that municipalities cannot override federal immigration authority

Even symbolic resistance could lead to federal budget cuts, especially in education and infrastructure. Whittier stands to lose around $22 million in federal funds. Federal Funding Makes Up Over 20% of Whittier Police Budget

The Whittier Police Department operates on an annual budget of approximately $49 million. Of the $22 million in federal funding the City of Whittier receives each year, at least $11 million is allocated directly to the police department. That means roughly 22% of Whittier PD’s budget is funded by the federal government.

If the city were to adopt policies that interfere with or obstruct federal immigration enforcement, it could risk losing millions in essential public safety funding—a consequence that could seriously compromise law enforcement operations, equipment, staffing, and special programs.

Identification Requests: A Legal Middle Ground

While cities cannot stop ICE, some do adopt ordinances requiring federal agents to identify themselves to local police. This is known as law enforcement-to-law enforcement identification.

However, in practice, ICE already notifies or coordinates with local agencies to avoid confusion during enforcement actions—especially with Whittier PD and the LA County Sheriff.

Conclusion: Passion vs. Legal Authority

The concern over ICE operations expressed at the Whittier Council meeting was heartfelt and forceful. But as Whittier 360 confirms, many demands made by the public would either be unenforceable, unconstitutional, or harmful to the city’s legal standing and funding.

Calls to ban ICE, remove traffic cameras, or interfere with federal agents may resonate with some residents, but the City Council’s legal options are limited by the Constitution, Supreme Court precedent, and the practical realities of federal supremacy.

Whittier 360 News Network will continue to cover both public concerns and legal facts as this important debate continues.