Governors have a duty of care to call in the National Guard for crowd control, for the protection of the people – while ICE operates within her borders. This is the immediate constitutional solution.
So, when the Federal government is not operating as an individual, but in official capacity – they have immunity?
Short answer: Yes — generally.
When the federal government (or a federal officer) is acting in an official capacity and within constitutional/statutory authority, they enjoy intergovernmental immunity from state interference.
But this immunity is functional, not absolute.
McCulloch v. Maryland
The Court held:
- States cannot tax federal operations
- States cannot impede federal execution of lawful powers
- Federal authority is supreme when constitutionally exercised
This case established official-capacity immunity from state control.