In the face of escalating tensions over immigration enforcement, Democrats are being called upon to harness a long-forgotten constitutional tool to push back against the Trump administration's aggressive policies. The sentiment that ICE abuses have aroused has combined with an overwhelming sense of betrayal on the economy to foster a combustible anti-Trump feeling, creating a critical moment for political action.
The Constitutional Power Lying Dormant
State resolutions, a method not effectively wielded for over a century, represent an under-utilised strategy that could significantly mobilise the Democratic party. Before the enactment of the 17th amendment in 1913, state legislators selected US senators and frequently regarded them as their agents, sending "orders of instruction" to urge specific stands on important issues. These resolutions, though not binding, carried significant political weight due to the power of legislatures and parties in deciding Senate seats.
Historical Precedents and Modern Relevance
The practice of instructing senators was integral to US politics, notably taken up by the antislavery movement during the crisis over Missouri's admission as a slave state in 1821. Northern state legislatures intervened with resolutions in the 1830s to protest the gag rule suppressing antislavery petitions, while slave states passed resolutions condemning abolitionists. This historical context underscores how state resolutions have shaped pivotal moments, such as the Wilmot Proviso debates that influenced Abraham Lincoln and the Republican party's platform.
Today, reviving state resolutions could provide more political weight than any poll, serving as a galvanising mechanism to drive public opinion and solidify states as defenders of basic American rights. They would expose the hypocrisy of the Trump administration as it tramples on principles of states' rights and free speech, posing a clear danger to free and fair elections in 2026 and 2028.
Mobilising Democratic Strategy
Since the beginning of Trump's second term, Democrats have operated from a defensive position in Congress, perpetually frustrated as a minority with few levers of power. They cannot call committee hearings, subpoena witnesses, or set the legislative agenda. Meanwhile, the conservative majority on the Supreme Court has relegated many lower court rulings against Trump's tactics to a legal twilight zone through the "shadow docket," often without explanation, allowing Trump impunity to impose authoritarian methods.
Of 25 Trump emergency applications in 2025, the Supreme Court conservatives ruled in Trump's favour to stay 20 cases, seven without any written explanation. This judicial pantomime serves as Trump's knowing partner, highlighting the urgent need for alternative political tools like state resolutions.
Political Impact and Electoral Dynamics
State resolutions should not be seen as merely symbolic gestures; they could be a significant mobilising factor in Democratic midterm strategies for House, Senate, and state legislature elections. In states with a Democratic trifecta, there are 659 Republican state legislators and 38 Republican House members, many in swing districts. Forcing Republican state legislators to vote on ICE issues would place them in a political vice between the intransigent Maga base and the majority of the electorate, enveloping Republican House members as well.
Republican candidates for the Senate would also be confronted in states with mixed control, such as Michigan, Minnesota, and Alaska, where Democrats hold key positions. In Pennsylvania, Democrats control the governorship and state House, with Republicans narrowly holding the state senate. Flipping a few seats could shift control, impacting competitive US House districts where Hispanic voters play a crucial role.
Hispanic Voter Sentiment and ICE Abuses
Hispanic voters are a significant share in swing districts, with trends showing growing disapproval of Trump's policies. Nationally, 71% of Hispanics disapprove of Trump, according to a Pew Poll, and in Arizona, Equis Research found profound anxiety about ICE: 80% concerned about school raids, 67% worried about arrests without criminal records, and 66% about targeting immigrants at courthouses. This sentiment, combined with economic betrayal, fuels anti-Trump feelings.
For decades, rightwing Republicans have suppressed immigration reform for partisan advantage, defying efforts by Presidents George W. Bush and Barack Obama, and Senate leaders like Mitch McConnell. Trump's demonisation of immigrants and draconian ICE operations have made immigration a defining issue of his nationalism and authoritarian rule. However, his handling is now as unpopular as his economic policy, with a New York Times/Siena poll finding 63% disapproving of ICE and 61% believing tactics have "gone too far."
Proposed Resolutions and Constitutional Principles
Democratic state resolutions could advocate for limiting ICE's powers rather than abolishing it, restoring bipartisan consensus on treating undocumented people. Suggested language includes urging Congress to enact federal law restricting ICE funding for police activity, limiting actions to removing undocumented persons only in violation of criminal law, and protecting rights under the Fourth Amendment. Exemptions would apply for asylum seekers, DACA qualifiers, and others, with prohibitions on interfering with protests or election days.
Trump would likely react with ultimatums and threats, but this could intensify focus on his police state attempts and harm Republicans. Drawing parallels to the Alien Enemies Act of 1798, which Trump bases ICE assaults on, highlights historical struggles for democracy. As Thomas Jefferson noted, patience and principled action can restore government to its true principles.
Flexing the power of state legislatures now offers a golden opportunity for winning back lost principles, leveraging constitutional means to safeguard freedoms and mobilise opposition in a critical political landscape.
