States passing laws disqualifying former DHS employees including ICE from city county and state employment,

As of late January 2026, these laws have not yet been enacted or survived a court challenge. Legal experts predict that if passed, they will face immediate lawsuits from the U.S. Department of Justice to determine if a state can legally use its hiring power to effectively "blacklist" federal employees.

The constitutionality of blocking ICE agents from holding state jobs is a complex legal issue that remains largely untested in court as of January 2026. While specific bills like Maryland’s "Icebreaker Act of 2026" have been introduced, legal experts are divided on whether they would survive a constitutional challenge.

The Supremacy Clause: Opponents argue states cannot legally "penalize" or discriminate against individuals for performing federally authorized duties.

Intergovernmental Immunity: This doctrine prevents states from regulating the federal government or its employees in a way that interferes with federal operations.

Bill of Attainder: Critics suggest that targeting a specific group of people for a lifetime employment ban without a trial may be unconstitutional.