Mark Levin points out that the decree that the federal government has sole jurisdiction over matters of illegal immigration law enforcement could potentially be a double-edged sword:
“If this case stands for the point that only the federal government has power in the area of immigration, then let me suggest that sanctuary cities and sanctuary states are unconstitutional because they exist to defy federal immigration law,” Levin said. “That’s number one. So folks out there that have standing, sue your cities, sue your states if they have declared themselves to be sanctuary cities or states because they do not have the constitutional authority to declare butkus. So turn this law against them.”
The same goes for states that offer in-state tuition at colleges for illegal aliens, Levin said.
“In-state tuition clearly is unconstitutional because Congress has not authorized it for illegal aliens,” he said. “Again — if the court’s position is that the federal government has complete preemptive authority over this issue, the federal government has not authorized in-state tuition for illegal aliens of any kind. So sue your state if they’ve instituted in-state tuition for illegals.”