Governors’ Right to Inspect Act of 2026

The bill purports to authorize state governors to inspect federal immigration detention facilities. While the Tenth Amendment reserves to the states powers not delegated to the United States, the federal government's exclusive authority over immigration and naturalization (Article I, Section 8, Clause 4) and its implied power to manage federal facilities are paramount. The proposed inspection could intrude upon federal executive operations unless carefully circumscribed. The bill would be constitutional only if it explicitly requires coordination with federal authorities, ensures no disruption…

This bill properly respects the reserved powers of the states under the Tenth Amendment, as health and safety oversight of facilities within a state's borders falls within the police powers not delegated to the United States by the Constitution. Additionally, requiring a reporting mechanism to Congress does not exceed federal authority but rather facilitates the sharing of information between the states and the general government, consistent with the principle of federalism. The inspection power vested in the Governor does not interfere with any exclusive federal power over immigration, as the…

The bill proposes that state Governors conduct oversight inspections of federal immigration detention facilities. Under the Constitution, the power to regulate immigration and to detain non-citizens is an enumerated power of Congress (Article I, Section 8, Clause 4), and the execution of such laws falls to the Executive. The proposed state role in inspecting federal facilities touches on principles of federalism and the separation of powers. In Federalist No. 45, I argued that the powers delegated to the federal government are limited and enumerated, while the states retain a residuary and inv…

The Constitution confers upon Congress the power to establish uniform rules of naturalization and to regulate commerce with foreign nations, which includes authority over immigration detention facilities. The proposed bill, by authorizing state Governors to conduct inspections, does not per se conflict with federal supremacy if the inspections are conducted in a manner that does not obstruct or impede the execution of federal law. However, the Necessary and Proper Clause requires that any such state action must not be incompatible with Congress's comprehensive scheme. If the inspections serve …