American Federalism: March in Review

Andrew Bibby
12 hours ago
6 min read

Updated: 11 minutes ago

In This Edition

The shifting landscape of the ICE debate
Federalism Policy Tracker Updates

Federalism Flashpoints

Thank you to everyone who has been following as we make updates to our newsletter. Each month we highlight a selection of the most important questions and controversies relating to states, federalism, and the precarious federal-state balance. Our focus will continue to be on monitoring federal laws that have implications for the principles of federalism.

Marching on, our first brief provides a quick overview of new developments in ongoing tensions around the use and employment of ICE operations around the country.

Introduction

Since the start of the new year, the federal government has drastically expanded their immigration enforcement and operations in several states. Last month, we looked at the most visible of these efforts in Operation Metro Surge in Minnesota, cited by the DHS as the "largest ICE operation in history."

Since that surge, we have seen a number of new developments and trends.

As of late March, according to statistics from U.S. Immigration and Customs Enforcement, there are now 1,579 active active agreements with states. This makes it one of the largest expansions of federal-state immigration enforcement partnerships in history.
According to TracReports, five states now dominate with the largest "detention populations: Texas (18,734), Lousiana (8,244), California (6,459), Florida (5,231), Georgia (4,227). These five states hold ~63% of all ICE detainees nationwide.
Court surge: Reuters published a summary of the sure in state-sourced legal resistance via federal courts. In 2025, there has been a 434% increase in lawsuits, with 23,000 additional filings after FY end. "By far the fastest‑growing category was litigation brought by immigration detainees, which soared 434% to 2,305 as people arrested during Trump's efforts to ramp up deportations flooded courts with lawsuits alleging they were unlawfully detained."
A new analysis in late March finds that there were 70% fewer bond hearings held by US immigration judges in February. Some have attributed the drop to the results of a 5th Circuit Court case finding that detainees be granted hearing before immigration judges, who may not be part of the judiciary (but instead are employees of the U.S. Department of Justice.
At the end of March, ICE had been deployed to more than 15 airports, expanding ICE presence in public spaces, beyond immigration enforcement.

Takeaway:

ICE operations remain controversial, with half of Americans supporting to "abolish ICE" according to data from YouGov (March 3).

However, there has also been an enormous increase in the number of state partnerships and agreements across 40 states. According to one estimate, there were only 135 287(g) agreements in January 2026. By late March, that expanded tenfold to at least 1,500 agreements.

High cooperation states include Florida, Texas, Tennesse, etc., while other states like California, Illinois, New Jersey, and Maryland are still operating under bans and restrictions on cooperation with ICE.

Some have argued perhaps dramatically that we are seeing the U.S. split into two "enforcement regimes," while others note the positive trend toward voluntary partnerships at the state and local level, depending on state and local needs.

This month we added more than 30 items to the Federalism Policy Tracker. Here is a brief rundown:

Spending Power:

Funding Freeze Blocked (March 17) A federal appeals court upheld an injunction against the Trump administration’s sweeping federal funding freeze. Some see the ruling as helping to reinforce congressional control over appropriations and protects states from financial disruption. → Read the full Reuters report
USDA Funding Conditions Challenged (March 23) A coalition of 21 mostly Democratic-led states sued the USDA over new standardized grant terms. The states argue that tying billions in school meals, SNAP, farmer support, and wildfire prevention funds to compliance on immigration enforcement, DEI, and transgender issues is unlawful and turns essential funding into a political bargaining chip. → Read the full story at Courthouse News
FEMA BRIC Grants Reinstated (March 25) Following court orders, FEMA restored its Building Resilient Infrastructure and Communities (BRIC) grant program after 22 Democratic-led states and D.C. successfully challenged its cancellation. → Read the AP News report

Climate & Environment

EPA Endangerment Finding Revoked & Sued (February–March) Last month, in one of the largest deregulatory actions in U.S. history, the EPA under Administrator Lee Zeldin revoked the 2009 Greenhouse Gas Endangerment Finding - the legal foundation for major climate regulations on vehicles and power plants. The administration estimates $1.3 trillion in savings and lower vehicle costs by removing electric vehicle mandates and fuel efficiency standards. In March, a coalition of states immediately sued, challenging the revocation. → Background on the EPA action and lawsuits
Vermont Climate Superfund Law Defended (March 30) Vermont is fighting in federal court to preserve its climate superfund law, arguing it falls squarely within traditional state authority to protect public health and raise revenue. → Read more
Housing Energy Rules Struck Down (March 9) A federal court sided with states against stricter HUD/USDA energy-efficiency mandates for federally financed housing, citing increased construction costs that would harm affordable housing efforts.

Elections, Redistricting & Voting Rights

Missouri Congressional Map Upheld (March 24) The Missouri Supreme Court ruled that state law permits mid-decade redistricting, upholding a new Republican-drawn map that could deliver seven of Missouri’s eight U.S. House seats to Republicans. → Read more
Supreme Court Hears Asylum Metering Case (Noem v. Al Otro Lado, argued March 24) The Court is considering whether asylum seekers turned away before physically entering U.S. soil have “arrived” in the United States. Conservative justices appeared sympathetic to the administration’s position. A decision is expected by June. → Detailed analysis at SCOTUSblog

Other Developments

Executive Order on DEI (March 26) President Trump signed an executive order targeting diversity, equity, and inclusion (DEI) initiatives by federal contractors, prohibiting practices deemed racially discriminatory. → White House Fact Sheet
Immigration Detention & Nationwide Injunctions (March 30) A federal appeals court questioned the nationwide scope of a California ruling blocking part of the administration’s immigration detention policy, raising concerns about “judicial chaos” versus broad relief against federal overreach.
Tariffs Challenged by 24 States (March 5) A coalition of 24 states (including New York, California, Arizona, and Oregon) sued to block the administration’s new global 10% tariffs imposed under Section 122 of the 1974 Trade Act. → Politico coverage
New Lawsuits on Admissions Data & Fair Housing
- 17 state Attorneys General challenged a Department of Education mandate requiring detailed admissions data from federally funded colleges to enforce the ban on race-based admissions.
- States sued HUD over new guidance narrowing Fair Housing Act protections and imposing conditions on local housing agencies.
SAVE Act Pressure on States (March 12) The administration is pushing Congress to pass the SAVE Act, which would impose stricter proof-of-citizenship requirements for federal elections. It appears to be stalled in the Senate. Several states (including Florida, Utah, and South Dakota) are advancing their own versions or related bills.
Agriculture & Animal Welfare Preemption The “Save Our Bacon Act,” included in the 2026 farm bill, seeks to block state regulations (such as those from California and Massachusetts) on livestock production and animal welfare standards, citing concerns over interstate commerce.
Cooperative Federalism Wins
- The Department of the Interior proposed restoring Alaska state-aligned hunting and trapping regulations in national preserves, realigning federal rules with long-standing state wildlife management.
- Idaho and the Coeur d’Alene Tribe reached a historic water-rights settlement, providing long-term certainty for water users while recognizing tribal reserved rights.

Federalism Takeaway:

Despite the old canard, federalism is not boring. These developments show federalism in action across multiple domains - from selective non-enforcement and state experimentation to direct clashes over preemption and conditions on federal funds.

March Recommended Resource

"The Center for the Study of Federalism (CSF) is a nonpartisan, interdisciplinary research and education institution dedicated to supporting and advancing scholarship and public understanding of federal theories, principles, institutions, and processes as practical means of organizing power in free societies. CSF seeks to advance thinking about federalism as a principle of government, law, and political society in the United States and other countries throughout the world. Supporting the work of CSF is the nonpartisan foundation, CSF Associates: Publius, and its flagship publication, Publius: The Journal of Federalism."