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The Trump administration is trying its hand at affirmative litigation, taking a page out of the Obama administration playbook: Attorney General Jeff Sessions sued California on Tuesday.
Filed in federal court in Sacramento, the lawsuit targets three sanctuary-focused laws that the California Legislature passed last year. Each was passed as part of a backlash against Trump’s vows to step up immigration enforcement.
The litigation is modeled on a lawsuit the Obama administration filed in 2010 against a controversial state law in Arizona that sought to crack down on illegal immigrants, SB 1070. That case resulted in a Supreme Court ruling finding that some provisions of the Arizona law unconstitutionally intruded into Congress’ right to set federal immigration policy.
California’s legislative trifecta is significant.
One California law, SB 54, prohibits state and local officials from sharing information with immigration authorities under certain circumstances and also bars transfers of certain immigrants to federal custody. The suit argues that this law is not only unconstitutional, but also violates a specific federal statute on such information sharing.
Another of the state’s measures, AB 450, forbids private employers from cooperating with federal immigration enforcement at the workplace.
The third law, AB 103, seeks to regulate contract detention facilities used to hold federal immigration prisoners.
Sessions claims the state is attempting to usurp federal law; he wants to keep the state from implementing the laws until the court can rule on their legitimacy.
The new suit seeks a preliminary injunction against three specific California laws, claiming that they violate the Constitution’s supremacy clause, which limits states’ ability to legislate in areas reserved to Congress or where Congress has sought to play a controlling role.
California Attorney General Xavier Becerra insists the state’s in perfect compliance with federal law and the Constitution.
Becerra denied the suit's central claim that California is unlawfully undercutting federal immigration enforcement.
"We’re following the Constitution and federal law," the state attorney general said in a conference call with reporters. "We’re doing nothing to intrude in the work of the federal government to do immigration enforcement. We recognize and respect that the federal government has authority over immigration enforcement."
In essence, California’s not blocking federal immigration enforcement—it’s just not helping the feds.
Gov. Jerry Brown added a jab via Twitter:
“At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America,” Mr. Brown said in a statement. “Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!”
In another tweet, Brown suggested Sessions’ suit is meant to get Trump’s approval.
Of course, the federal government’s clashes with California haven’t been limited to the state level.
A top federal official likened Mayor Libby Schaaf of Oakland to a “gang lookout” on Wednesday, saying her warning of an impending, large-scale arrest operation had given immigrants in the United States illegally the opportunity to flee.
Ms. Schaaf had announced on Saturday that she had learned through “unofficial channels” that the federal Immigrations and Customs Enforcement agency, or ICE, was planning arrests in the area.
“I know that Oakland is a city of law-abiding immigrants and families who deserve to live free from the constant threat of arrest and deportation,” she said in a statement that circulated widely on social media over the weekend. “I believe it is my duty and moral obligation as mayor to give those families fair warning when that threat appears imminent.”
The mayor’s warnings proved correct. Since Sunday night, ICE officers have arrested more than 150 people in Northern California in an operation ICE said was targeting “public safety threats.”
Sessions himself joined in to criticize Schaaf.
"Her actions support those who flout our laws and boldly validate the illegality. There’s no other way to interpret her remarks," the attorney general said.
He added that a direct message to Schaaf: “How dare you. How dare you needlessly endanger the lives of law enforcement just to promote your radical open borders agenda.”
What better proof could there be that state and local resistance is working than an irate Jeff Sessions taking swings at mayors?