Democratic attorneys general are preparing a raft of legal actions to block President Donald Trump’s mass deportation of illegal immigrants, setting the stage for a series of showdowns over one of his key campaign promises. It’s in order.
In interviews with Politico, six of the blue state’s leading prosecutors spoke of the misuse of the military at home, attempts to direct local and state law enforcement to do federal work, and He said he was preparing to take President Trump to court for denying his rights. Due process.
The attorney general also said he would fight if President Trump attempts to federalize the National Guard or divert active-duty military units or National Guard troops from red states to blue states. They are poised to fight back against the administration, which sends migrant workers into schools and hospitals to target vulnerable populations.
And they are preparing to fight President Trump over withholding federal funds from local law enforcement to induce them to carry out deportations, as he failed to do in his first term. .
The lawyers’ preparations highlight the depth of concern among blue state leaders about Trump’s deportation plan and foreshadow that state prosecutors will continue to play a key role in shaping the country’s immigration policy. It’s something that makes you The past four years have seen a flurry of challenges from red states to President Joe Biden’s immigration policies, and now lawyers for blue states are in a position to spark another legal conflict, this time on Trump’s signature issue. The aim is to thwart Trump.
“There is a way [handle immigration] Something that is in line with American values and complies with American law. But they don’t seem interested in pursuing it,” New Mexico Attorney General Raul Torres, a former federal prosecutor with experience in immigration enforcement, said of Trump and his allies. “That’s where people like me can play an important role.”
Movement and counter moves
While some have dismissed President Trump’s promise to carry out the largest deportation in American history as unachievable, Democratic attorneys general are taking the president-elect at his word. They are preparing briefs and analyzes and even identifying courts to litigate, in preparation for his roundup of some 11 million illegal immigrants.
It is setting up a legal chess match between the president-elect, who is looking for new ways to push the limits of executive power, and state prosecutor leaders who are already familiar with the president’s strategy and adapting to changing approaches. . And it is unfolding amid broader changes in the politics of border security.
The president-elect’s policy team is already considering how to structure executive action aimed at withstanding legal challenges from groups and state prosecutors. All hope to avoid an early defeat like the one that ended a 2017 travel ban targeting Muslim-majority countries.
But each step President Trump takes during the transition period includes placing immigration hard-liners in his cabinet who have vowed to carry out his demands for large-scale deportations, declaring a national emergency, and supporting his plans. It has been confirmed that the United States has confirmed its intention to deploy the military in some form. — gives Democrats more clues about how they might try to thwart his efforts once he takes office.
On the campaign trail, Trump promised to invoke the Alien Enemies Act of 1798 to speed up the removal of immigrant gang members. He is expected to end parole for people from Cuba, Haiti, Nicaragua and Venezuela and disable a mobile phone app called CBP One that migrants can use to schedule asylum applications.
Former Border Czar Tom Homan, acting director of Immigration and Customs Enforcement, vowed: Strengthen workplace attacks. Stephen Miller, incoming deputy secretary for policy, said: I talked about National Guard deputation. They act as immigration enforcement officers and even send troops across state lines to evade resistance efforts. Although federal law primarily prohibits the use of military for domestic law enforcement, Miller identified a workaround last year —A provision of the so-called Insurrection Act that gives the president the power to deploy troops into the country in times of turmoil.
And on Monday, President Trump acknowledged in a social media post that he intended to declare a national emergency and liquidate military assets to help carry out deportations.
State prosecutors argued in interviews that the plans had questionable legal basis. And the debate over bringing in the military has already fueled a policy rift between the president-elect and Republican lawmakers, with libertarian-leaning Republican Sen. Rand Paul (R-Ky.) announcing this week that he would seek military support. President Trump’s plan to carry out mass deportations could be a “big mistake”. This is an early sign that Democrats may have allies on this front.
“We don’t believe those theories are consistent with federal law, so they would directly challenge the legal basis the president uses to send in U.S. troops,” Torrez said.
“Aside from the legal arguments that we advance in court, I think there’s a broader context that most Americans are just uncomfortable with and don’t support using military assets in that way.” added Torres.
Where to rebel — or not?
The Attorney General has no intention of getting in the way of lawful immigration control. In many cases, they will continue to work with federal authorities to address public safety threats and assist in the apprehension and deportation of criminals. And even as they prepare for possible overreach by the second Trump administration, the next steps depend largely on how the next president carries out his plans, and They point out that it is difficult to predict.
President Trump’s advisers said the Republican administration would take a more “targeted” approach to deportations, starting with people known or suspected to be national security threats or with criminal records. ‘ approach. But the attorney general is skeptical he will stick to it. And they fear the president will start targeting both undocumented immigrants who have been in the country for more than a decade and have established roots, as well as people who entered the country legally. They warned that that scenario could lead to family separation and cause chaos in some areas. community.
New Jersey Attorney General Matthew said, “If you want to accomplish, as he says, such a large-scale deportation, the largest in U.S. history, by definition you’re targeting people who are here legally.” . . . We’re going to have to go after American citizens.” Platkin said. “And we’re not going to stand for that.”
During his campaign, Trump was deported from Aurora, Colorado, a suburb of Denver that he had always described as a “war zone” that members of the Venezuelan gang Tren De had “invaded and conquered,” despite opposition from local residents. He vowed to start promoting the Aragua. The state’s attorney general, Phil Weiser, said he would “focus” on determining whether President Trump’s immigration authorities were denying people due process, calling it “un-American” behavior. criticized.
Attorneys general from Colorado to California are also preparing to repeat the fight over federal funds. Throughout his first term, Trump threatened to withhold funding from states and cities through so-called sanctuary policies that limit interactions between local law enforcement and federal immigration authorities. The administration also tried to attach immigration enforcement conditions to grants to local law enforcement agencies, but lost in court.
California Attorney General Rob Bonta said, “Just like last time, we will not sit back and accept this case.”
In response to a request for comment for this article, Stephen Chan, President Trump’s communications director, said in a statement that the president-elect will “appoint the most highly qualified and experienced attorney to lead the Department of Justice” “We are focused on the enforcement of the ministry.” rule of law. ”
Democratic prosecutors’ resistance will extend beyond the courtroom. Advocacy groups like the ACLU have already asked the attorney general to use other tools at his disposal to slow implementation of President Trump’s immigration measures, including providing guidance to state and local agencies on how to process federal immigration applications. We are asking you to make use of it.
And attorneys general have already launched a messaging campaign that opposes President Trump’s broad characterization of immigrants as “bloodthirsty” criminals and supports immigrants who contribute to their communities. They, along with other Democratic leaders, have also begun to criticize Mr. Trump’s deportation plan as potentially harmful to the economy they promised to improve and the migrant labor that helps propel the nation’s agricultural industry. It draws a direct line between power and price increases at the grocery store.
The state’s attorney general, Andrea Campbell, said Trump has created a narrative that “every immigrant who comes here, to Massachusetts, to this country, for example, is illegally committing a crime.” “That’s not true.”
Shia Kapos and Josh Gerstein contributed to this report.
