Lead law enforcement officials in some states are strategizing their responses to expected policy decisions from President-elect Donald Trump’s incoming administration, while one Cabinet appointee has cautioned against interfering with immigration plans.
Attorneys general of California, Washington, New York, and New Jersey have all voiced a readiness since Election Day to file lawsuits against the Trump administration regarding a host of issues, including deportation plans, environmental protections, and abortion.
While state attorneys general historically focus on statewide issues, they began taking more federal actions in Barack Obama’s administration, with 62 multistate lawsuits filed.
“Neither side likes [litigation] when they’re in power, but when you’re out of power, you like it, and you use it a lot,” Paul Nolette, associate professor at Marquette University and director of the Les Aspin Center for Government, told The Epoch Times on Nov. 27.
Actions are primarily partisan in focus, with both parties challenging national leaders. Nolette said further action is incentivized, as individuals can raise their national profile while simultaneously pushing back on control at the federal level.
States typically use a combination of tactics to address policies they disagree with, including blocking enforcement, forcing agencies to comply with statutes, and creating policies through litigation and agreements with private corporations and industries.
“Whether you win or lose, you oftentimes delay the implementation of a policy for months or years,” Nolette said. “AGs will be trying to delay as much as they can, and appeals take forever.”
As indicated by statements from attorneys general, governors, and the incoming administration, both sides will utilize lessons learned during Trump’s first tenure to craft further strategies in the coming four years.
According to Nolette, attorneys general are reviewing the Project 2025 plan—though Trump has repeatedly distanced himself from the document—and have pre-written briefs ready for details to be filled in and filed once policy actions are undertaken.
While states had some successes against the federal government during Trump’s first term, Republicans now control Congress, and the judiciary is more conservative than it was eight years ago because of Trump’s 234 judicial appointments—nearly the same number in four years that Obama appointed in eight.
“That’s going to be a big challenge for Democrat AGs moving forward,” Nolette said.
According to polling results, immigration and border security are top-of-mind for millions of Americans, and litigation is expected from both sides in this area.
The president-elect’s team pointed to his election win as a signal from voters that his policies are needed to address issues impacting the nation.
“President Trump will marshal every federal and state power necessary to institute the largest deportation operation of illegal criminals, drug dealers, and human traffickers in American history while simultaneously lowering costs for families,” said Karoline Leavitt, Trump-Vance transition spokesperson, in an email to The Epoch Times on Nov. 27.
“The American people reelected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail, like deporting migrant criminals and restoring our economic greatness. He will deliver.”
His newly appointed border czar said deporting dangerous illegal immigrants is a national security priority.
Millions of individuals who entered the country illegally will be ordered removed by courts in the coming years,
“If you let them stay, you’ll never fix the border,” Homan said. “This is a nation of laws, and we’re going to enforce those laws.”
He criticized governors, including California’s Gavin Newsom and JB Pritzker of Illinois, and mayors, including Michelle Wu of Boston and Denver’s Mike Johnston, who have spoken out against the proposed immigration policies.
“I’m sending a message to those people who said they’re going to get in our way ... don’t cross that line,” Homan said. “It is a felony to knowingly harbor an illegal alien from an immigration authority. Don’t test us.”
Newsom reacted to Trump’s victory by calling a special session of the Legislature, which is set to begin on Dec. 2.
The leader of the state Senate said the special session is a stepping stone toward safeguarding values and progress.
“California has come too far and accomplished too much to simply surrender and accept his dystopian vision for America,” said Democrat Senate President pro-Tempore Mike McGuire. “This is why we’re moving with speed and investing in our legal defense.”
Trump said California leaders’ opposition to his proposals is not in the best interest of the state.
“Also, as an ‘agent’ for the United States of America on voting & elections, I will be demanding that voter I.D., and proof of citizenship, are a necessary part and component of the voting process,” Trump wrote in the same post.
California Attorney General Rob Bonta said his office is ready to challenge any perceived improprieties from the federal government.
“We’ve been here before. We lived through Trump 1.0,” he said. “Which means we won’t be flat-footed come January.”
He envisions the Golden State as a leader in national policy discussion after his predecessor led efforts to file more than 120 suits against the government during Trump’s first term.
“No matter what the incoming administration has in store, California will remain the steadfast beacon of hope and progress it has always been ... the blueprint of progress for the nation to live like,” Bonta said.
Discussions with officials in other states began months before the election, he said.
“Preparation is the best antidote, and we have long been preparing for this,” Bonta said.
In the days after the election, similar messaging came from governors Kathy Hochul of New York and New Jersey’s Phil Murphy, among others.
