From birth control to the border wall: 17 ways California sued the Trump administration in 2017
California has filed a double-digit number of lawsuits against the Trump administration since January.
The latest came last week, when state Attorney General Xavier Becerra, a Democrat and longtime congressman from Los Angeles, led a coalition of attorneys general from red and blue states in suing the U.S. Environmental Protection Agency over what they called its “failure” to enforce the Clean Air Act.
In some cases, California is leading the legal battle, taking on the Trump administration on immigration, health care and the environment. In others, it has joined other states such as Washington – the first to sue the Trump administration when President Donald Trump penned his first major executive order banning travel to the United States from Muslim-majority countries.
The lawsuits – 22 of them in 17 different subject areas – are a window into California’s legal strategy in taking on Trump. Becerra argues in many of them that California will suffer disproportionate harm as a result of federal moves to crack down on undocumented immigrants, undo Obamacare and roll back environmental regulations. The state is home to more than 10 million immigrants, it is seen as the most successful in implementing the Affordable Care Act, and Brown has sought to make the state’s climate change policies a model for the nation.
Here’s a rundown:
Travel ban
The suit: California in March joined the state of Washington in suing President Donald Trump and his administration over his executive order barring entry to the United States by refugees from Muslim-majority countries. The state argues the executive decision represents an unconstitutional attack that discriminates against citizens based on their religion. It says the travel ban violates the Establishment Clause of the First Amendment, designed to prohibit any government action that unduly favors one religion over another, and would undermine the state’s interest in “remaining a welcoming place for immigrants and refugees.” California has already suffered harm as a result of the executive orders, the suit says, and will continue to suffer harm in the form of tax revenue losses and inability to recruit talent for universities, hospitals, technology jobs and other industries.
What California says: “California has an interest, as evidenced by its constitution and state law, in prohibiting discrimination on the basis of religion or national origin.”
The latest: Trump’s actions now bar entry to the U.S. from eight countries: Chad, Iran, Libya, Somalia, Syria, Yemen, North Korea and Venezuela, though prohibitions on travel vary by country. The U.S. Supreme Court earlier this week permitted the travel ban – the third version of Trump’s first executive order – to remain in effect as legal challenges continue, including California’s. The ruling lets the government deny citizens of the countries included in the ban permanent or temporary stay in the U.S. An estimated 150 million people are affected – the majority of whom are Muslim, according to the American Civil Liberties Union. Trump has argued that the ban is meant to “detect would-be terrorists from receiving visas.”
DACA
The suit: California on Sept. 11 led Maine, Maryland and Minnesota in filing a lawsuit against the U.S. Department of Homeland Security over Trump’s decision to end the Deferred Action for Childhood Arrivals program for undocumented immigrants brought to the U.S. illegally as children. The state argues that eliminating DACA violates the Fifth Amendment by “substantially altering” the Department of Homeland Security’s “prior assurances” that under the Obama administration granted 800,000 undocumented immigrants temporary permission to remain in the U.S. The lawsuit also alleges the administration’s action violates due process protections of DACA applicants, and the manner in which Trump ended the program violates federal law.
What California says: “This program has allowed nearly 800,000 young people (including over 220,000 Californians) who have come of age in the United States – many of whom have known no other home – to come out of the shadows and study and work here without fear of deportation.”
The latest: Trump has called on Congress to come up with a legislative fix for DACA, set to expire in March 2018. Congressional Democrats have pushed for passage of the Dream Act, which would create a path to citizenship for recipients, known as “dreamers.” The debate is part of negotiations over spending to keep the government open, as Republicans and Democrats try to reach a deal by year’s end.
Border wall
The suit: Becerra, joined by the California Coastal Commission, filed suit Sept. 20 against the Department of Homeland Security and U.S. Customs and border Protection to prevent construction of a U.S.-Mexico border wall in San Diego and Imperial counties. In the lawsuit, California argues the Trump administration violated the U.S. Constitution and did not comply with federal and state environmental laws, and that Trump acted outside his authority in pursuing his signature immigration-enforcement proposal, relying on a federal statute that does not authorize the wall.
What California says: “The people have a concrete...interest in protecting the state of California’s territory and its proprietary interests from both direct harm and from spill-over effects resulting from action on federal land.”
The latest: Trump and officials in his administration have called for expedited construction of Southern California border wall prototypes. Some prototypes are already being tested. A hearing is set for Feb. 9 in federal court for the Southern District of California.
Sanctuary cities
The suit: California filed suit on Aug. 14 to prevent the federal government from withholding public safety grants from cities and counties that do not expend public resources on immigration enforcement. It argues it is an “unconstitutional attempt” to force state law enforcement agencies to “engage in federal immigration enforcement.” The move was prompted by a U.S. Justice Department directive issued by Attorney General Jeff Sessions calling on law enforcement agencies to cooperate with the federal government as it sought to enforce immigration law. The state receives $28 million per year in public safety grants for crime prevention, drug treatment, mental health care and more.
What California says: “This is pure intimidation intended to force our law enforcement into changing the policies and practices that they have determined promote public safety,” Becerra said in a statement.
The latest: A federal court hearing is set for Dec. 13 in San Francisco.