Just over four months into President Donald Trump’s second administration, the rate at which Democratic attorneys general are contesting federal policies has significantly increased compared to his first term.
In just 19 weeks, Washington Attorney General Nick Brown has initiated 20 lawsuits against the federal government, a stark contrast to the two lawsuits filed at a similar point during Trump’s first term.
This sudden surge in legal action is often a result of multistate coalitions, with California Attorney General Rob Bonta and Oregon Attorney General Dan Rayfield participating in more than a dozen of these cases alongside Washington.
During a news conference prior to a town hall event on Monday, the three attorneys general expressed that their legal challenges represent a cooperative effort among states.
“There is a very increased type of action being brought by the states,” Brown noted. “This reflects one, being extremely prepared for this moment, two, the collaboration amongst the states, and three, a level of lawlessness and recklessness by the Trump administration that was not as prevalent during the first administration. We, as attorneys general, must respond.”
The Community Impact Town Hall on Monday provided a platform for community members to express concerns over potential funding cuts and ask about how their states are addressing the Trump administration’s actions.
Attendees raised inquiries on ensuring the equitable distribution of medical research funds and measures taken to prevent local law enforcement from enforcing federal immigration laws.
Both Oregon and California have long maintained state laws limiting the information local authorities can share with immigration officials.
Bonta pointed out that California’s law faced challenges during the first Trump administration, where the state successfully argued that attempts to coerce local law enforcement into participating in immigration enforcement violated the Tenth Amendment.
Recently, the Keep Washington Working Act has stirred controversy among Republican lawmakers and prompted a Congressional investigation.
The 2019 legislation restricts local law enforcement from aiding federal officials in immigration enforcement and limits the sharing of nonpublic information with federal agencies, except under specific circumstances.
In a joint effort, the attorneys general of Washington, California, and Oregon recently filed lawsuits against the Department of Homeland Security (DHS) and the Department of Transportation (DOT), accusing both agencies of attempting to mandate state cooperation with federal immigration officials as a condition for receiving federal funding.
Rayfield emphasized the commitment to protecting state laws establishing sanctuary provisions along the West Coast, stating, “When they try to withhold funding to compel action, we will stand firm to defend our sanctuary state laws. I feel very fortunate to represent a sanctuary state on the West Coast.”
More lawsuits challenging federal immigration enforcement are anticipated soon. Recently, DHS released a list identifying “sanctuary jurisdictions” that fail to fully comply with federal immigration law.
The list, ordered by Trump, suggests that those entities risk losing federal funding for noncompliance.
Criteria for inclusion on the list included factors such as cooperation with federal law enforcement and the existence of information-sharing restrictions.
However, the release met with immediate backlash. Kieran Donahue, president of the National Sheriffs’ Association, condemned the list, calling it arbitrary and lacking transparency regarding compliance criteria. “Sheriffs nationwide have no way to know what actions are required to avoid this designation,” he stated.
Donahue also expressed concern that such decisions by DHS could lead to a trust deficit with law enforcement that might take years to rebuild. He called for the removal of the list, which was indeed taken down shortly after its publication.
An archived version indicates that Washington, along with 35 counties and five cities, was included among over 500 jurisdictions on the list.
California and Oregon were also mentioned in the controversial listing.
At the town hall, Brown criticized the list as “laughable,” arguing that it exemplified the arbitrary and capricious behavior of the Trump administration.
“We as attorneys general must take these threats seriously and reaffirm state sovereignty,” Brown said.
He further noted that each state has enacted various policies concerning the cooperation of local and state officials with federal immigration enforcement, designed to enhance public safety and encourage crime victims to report incidents without fear of immigration repercussions.
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