The E.U.’s Immigration “ICE”: The Pros and Cons of State Implementation

On 1 June, 2026, the E.U.’s two legislative chambers agreed informally on text for a law called Return Regulation, which is oriented to facilitating the return of illegal aliens to their respective countries. Both The European Council, the “upper chamber,” and the European Parliament, the “lower” legislative “chamber” (roughly corresponding to the U.S. Senate and the U.S. House of Representatives, respectively) worked in what in American parlance is called a Congressional reconciliation or conference committee to agree to text enabling state police to enter the domiciles of illegal immigrants and state governments to set up detention centers outside of the European Union. That the federal law relegates implementation to the states illustrates just how different E.U. federalism differs from U.S. federalism even though both systems are “modern” rather than confederal in that governmental sovereignty in both unions is split between the federal and state levels. Even though the E.U. after thirty years was like the U.S. after its first thirty years in that most of that sovereignty was at the state level, the use of state governments to implement a federal law differentiates the European federal system from the American one. Both advantages and disadvantages go with leaving implementation largely up to the states.

The full essay is at "The E.U.'s Immigration 'ICE'."

Texas School Policies Violently Enforced: Police in Schools

An organizational policy, whether in an educational, religious, or business organization, is not law. Accordingly, “police tactics” are inappropriately used on people who violate policies. The proliferation of off-duty police officers in retail in more than one of the U.S. states (and perhaps in the E.U. as well), complete with lethal weapons, renders the distinction between policy and law especially relevant and even pressing. To be sure, trespassing is indeed a crime, even though some municipal police departments in Florida have refused to recognize it as such, as, for example, when a property owner illegally enters a rented apartment, but in a store, absent a decision by a manager to have a person removed from the premises, store “police” cannot legally act violently against the public as long as no crime is being committed—even if a store policy is being violated.

The full essay is at "Police Enforcing Texas School Policies with Violence."