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Thursday, January 23, 2025

California AG responds to DOJ memo on immigration enforcement

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta has issued a statement in response to a memorandum from a Trump political appointee at the U.S. Department of Justice concerning state and local participation in federal immigration enforcement.

“This is a scare tactic, plain and simple. The President is attempting to intimidate and bully state and local law enforcement into carrying out his mass deportation agenda for him,” said Bonta. He added that his team is examining the memo and will be ready to take legal action if necessary against any unlawful actions by the Trump Administration.

Bonta highlighted California's SB 54, which restricts state and local law enforcement from using taxpayer resources to enforce federal immigration laws, except under certain conditions. He clarified that SB 54 does not hinder the investigation or prosecution of crimes by local authorities nor does it prevent federal agencies from enforcing immigration laws independently.

The Trump Administration previously challenged SB 54 but was unsuccessful. In 2019, the Ninth Circuit ruled that SB 54 did not conflict with federal law or violate the Supremacy Clause of the U.S. Constitution. The decision emphasized California's right under the anticommandeering rule derived from the Tenth Amendment to abstain from aiding federal efforts.

When asked for review by the prior Trump administration, the Supreme Court declined, leaving the Ninth Circuit’s ruling intact.

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