California Attorney General Rob Bonta has responded to a memorandum from a Trump-era political appointee at the U.S. Department of Justice concerning state and local roles in federal immigration enforcement. Bonta criticized the memorandum, stating, "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."
Bonta indicated that his team is reviewing the memorandum and will consider legal action if the Trump Administration's threats escalate into unlawful actions.
He emphasized California's legal stance with SB 54, which restricts state and local law enforcement from using taxpayer funds for federal immigration enforcement, with certain exceptions. Bonta noted that SB 54 does not hinder crime investigation or prosecution by state authorities nor does it stop federal agencies from enforcing immigration laws themselves. He stated, "They cannot make us do their jobs for them."
The Attorney General referred to a previous attempt by the Trump Administration to challenge SB 54, which 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 court reaffirmed California's right under the anticommandeering rule derived from the Tenth Amendment to refrain from aiding federal efforts.
When this decision was reviewed by the Supreme Court at the prior administration's request, it declined to overturn it, thus keeping SB 54 intact.
A copy of this Ninth Circuit decision supporting SB 54 remains accessible for public review.