Federal Authoritarianism and Abusive State Preemption

This month, Kaitlin Caruso, Nestor Davidson, Erin Scharff, and Rick Su published a new white paper, “Federal Authoritarianism and Abusive State Preemption” to tell the powerful and timely story of how abusive preemption has paved the way for the rise of federal authoritarianism – and how preemption is now being used to implement that agenda.

Since returning to office, the Trump Administration has relentlessly attacked the foundations of America’s constitutional democracy, prioritizing power, profit, and fear over people’s needs. This is a page ripped directly out of the abusive preemption playbook. As the Administration enters its second year, the deep connections between abusive state preemption and federal authoritarianism are becoming clear: Federal authorities are modeling many of their actions and policies on state abusive preemption; and they’re simultaneously emboldening state lawmakers to embrace even more harmful preemption measures than ever before. For example, Local Solutions Support Center tracked a staggering 900 percent increase in immigration-related abusive preemption bills filed last year—an undeniable response to the new administration’s aggressive immigration posture.

This White Paper explores connections between federal authoritarianism—with federal policy shifts often justified in explicitly anti-urban terms—and abusive state preemption. It also highlights the implementation and impact of some of these federal-state-linked policies, including in immigration enforcement, healthcare, the social safety net, and civil rights.

The shift to federal authoritarianism is happening so quickly because it’s building on a solid foundation that state lawmakers and corporations have doggedly established. Over the past decade and a half, states have increasingly abused their powers to interfere with local democracy and target and harm historically excluded communities, consolidating power to advance a deregulatory agenda that undermines worker protections, public health, environmental safeguards, and more.

The result is that many local governments entered 2025 vulnerable, with diminished ability to address current and future crises. Many now lack the authority needed to advance policies that will improve equity, public health, and civic participation. For those who embrace abusive preemption and authoritarianism, this is how they seize the power necessary to have ever-increasing control over how people live their lives.

People are confronting both federal and state abuses of power in myriad ways. At this moment, when authoritarianism is being felt—literally—on the streets of our communities, the call to protect local democracy and cherish the rule of law is ringing louder than any other time in recent memory. Advocates are responding by committing to solutions rooted in collaborative governance, so that the needs of those most harmed by this administration’s actions and abusive preemption—BIPOC, LGBTQ+ people, women, immigrants, and working people—can be centered in our communities. Local governments must be able to protect their residents, especially the most vulnerable, and federal and state governments must renew their commitment to respect local democracy.