Democratic legislators and attorneys general are promising swift pushback against two executive orders President Trump signed Wednesday aimed at cracking down on illegal immigration.One of the orders, which Trump signed during a visit to the Department of Homeland Security (DHS), would put at risk federal grants to cities and counties that act as “sanctuary cities” — jurisdictions that refuse to comply with federal authorities’ requests to hold some suspects while their immigration status is checked.
Another order would allow the DHS to begin construction of a wall along the southern border with Mexico. Trump also laid out plans to hire 5,000 new Border Patrol agents and 10,000 immigration officers. The two orders, fulfilling Trump’s campaign pledges to crack down on both legal and illegal immigration, drew swift condemnation from Democratic-led states with significant immigrant populations. Several attorneys general pledged to sue the administration over what they called illegal acts.
“The president lacks the constitutional authority to cut off funding to states and cities simply because they have lawfully acted to protect immigrant families,” said Eric Schneiderman (D), New York’s attorney general.
Schneiderman’s office last week issued legal guidance to local governments in New York that laid out their rights to refuse immigration warrants issued by the federal Immigration and Customs Enforcement or Customs and Border Protection agencies.
In California, Attorney General Xavier BecerraXavier Becerra — sworn in to office just days ago — said his office would defend two state laws that allow local jurisdictions to ignore federal immigration orders. “Executive orders do not change existing law. Executive orders cannot contradict existing law. And executive orders can be challenged for violating constitutional and legal standards in their enforcement,” Becerra said in a statement.
California Assembly Speaker Anthony Rendon (D) said the state legislature would rely on its new legal counsel, former Attorney General Eric HolderEric H. Holder to guard against what Rendon called an overly vague order. “The language is so broad that mass deportations are likely without real due process,” Rendon said. “Our agricultural industry and other economic sectors, businesses large and small, depend on an immigrant workforce. If those businesses suffer, the national economy will suffer too, and that’s all on Trump.”
Washington Attorney General Bob Ferguson (D) said Trump’s order “raises significant legal issues that my office will be investigating closely.” The early pledges of action from Democratic legislators and legal officers presages what is likely to be a concerted effort by blue states to tie the Trump administration up in court. Democratic officials have said they will fight the Trump administration on everything from immigration to climate change to repealing the Affordable Care Act, another key element of the president’s agenda.
“You could call us a bulwark against Trumpism. You could call us a beacon of light in darkness. You could call us a sanctuary for a variety of people who might be otherwise victims of instability that comes out of the White House,” Washington Gov. Jay Inslee (D) said in a recent interview. “I think all of those things fit. We do intend to work in concert as much as we can.”
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