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Resistance State: California in the Age of Trump

Between Sacramento and Washington D.C. sits the rest of the country, and a chasm. On immigration and taxes, guns and healthcare, cannabis and climate change, California is the federal government’s equal and opposite reaction. One year into President Trump’s first term, the push and pull continues—playing out under the Capitol dome, in the courts and on Twitter.

Ready for another year? Follow along here.

Resistance State: California in the Age of Trump


June 14, 2018 5:43 pm

Federal immigration agents try to overtrump California’s sanctuary law

Contributing Writer
A guard escorts an immigrant detainee at the Adelanto Detention Facility, the largest Immigration and Customs Enforcement detention center in California.

California’s sanctuary law—by limiting how much state and local law enforcement could cooperate with federal immigration agents—engaged in a we-won’t-hold-‘em policy that outraged the Trump administration. Now its federal border patrol agents reportedly have upped the ante.

Those agents have begun refusing to turn over suspects wanted by California law enforcement agencies for crimes such as sexual assault and drug possession, instead either charging them with immigration-related federal crimes or simply deporting them, according to a story in the Los Angeles Times.

This latest escalation of the power struggle between the Trump administration and California worries some immigration advocates and legal experts.

“It does seem to be a tit for tat,” said Jean Reisz of the University of Southern California’s Gould School of Law. “And that doesn’t serve anyone well.”

Jon Rodney of the California Immigrant Policy Center, a nonprofit advocacy group in Sacramento, had stronger words: “This move underscores the deeply hypocritical, manipulative and deceptive nature of the federal government’s deportation force.”

At the root of Reisz’ concern is not just the escalation of rhetoric, or any political maneuvering that might be going on. The law is written for its victims, she said, who may not feel they got justice if the accused is sent back home.

“It’s illegal to leave the country if there’s a pending criminal case against you,” Reisz said. Reportedly, convicted felons who were accused of serious crimes such as sex offenses were deported rather than turned over to California police.

The details about these particular deportations isn’t clear—the Times affected Southern California sheriff’s departments declined to comment, saying federal authorities hadn’t provided them enough information to identify which suspects they had refused to transfer.

Some police officers and sheriffs from conservative cities and counties have lambasted California’s sanctuary policy and called for it to be overturned.

Both the state’s sanctuary law and the apparent federal retaliation against it mark a departure from the cooperation that once existed between California police and sheriffs and immigration agents.

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We have another lawsuit.

With a new filing this morning, California Attorney General Xavier Becerra brought the state’s total number of legal challenges against the Trump administration to 33. That’s two lawsuits per month since the president assumed office.

The question at issue this time: did the Environmental Protection Agency violate federal procedures when it reversed an Obama-era rule requiring agricultural companies to train their workers about the hazards of pesticides? This is the eighth case brought against the agency or its administrator, Scott Pruitt.

Track all of California’s lawsuits against the Trump administration here.

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California already has taken its first shot at countering the Trump administration’s plan to deny funding for reproductive health services to any organization that provides abortions or makes referrals for the procedure.

This week California led a coalition of 19 states and the District of Columbia in backing a Planned Parenthood motion for an injunction to halt the federal plan. The states’ brief was filed in the U.S. District Court for the District of Columbia.

The Trump administration today is expected to release the details of its proposal to change the requirements for the funds, known as Title X money, effectively taking it away from groups like Planned Parenthood and instead awarding it to groups advocating natural family-planning methods and abstinence-only education.

According to California Attorney General Xavier Becerra, California receives about $20.4 million a year in Title X money, which helps provide family-planning and other reproductive health services to roughly 1 million low-income Californians.

“Medical care is a matter between a woman and her doctor, not the President or the Vice President,” Becerra said in a March 18 statement.

According to reports from the New York-based nonprofit Guttmacher Institute, a research and policy group, roughly half of the pregnancies in the U.S. are unintended. The rate of unintended pregnancies would jump by 66% without publicly funded contraceptive services, a Guttmacher report said—and unplanned pregnancy rates for teens would be 73% higher.

The Institute said Planned Parenthood is the source of birth control for about a third of all low-income women who get it through the Title X program.

“Title X is not abortion care,” said Jennifer Conti, a Stanford physician who provides abortions. “One of the things even my close friends and relatives don’t understand is that Title X funds have never been used to provide abortion care. This seems like a punitive rule for groups like Planned Parenthood.”

Conti said what rankles her most about the proposed rule is the restriction on discussing where patients can get an abortion.

“This new rule would force us to lie to our patients,” she said. “Not that we couldn’t discuss abortion—but not being able to discuss how to carry out an abortion or where to get it, I think that puts patients’ lives in danger.”

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The Orange County anti-sanctuary uprising takes the national stage today, as a coalition of politicians are in Washington to talk Republican political strategy with President Trump.

It’s a big day for these conservative California politicos, who come from a state where Democrats outnumber Republicans more than 2 to 1 in the Legislature and the GOP voice has been largely muted. About a dozen of them were invited to attend an afternoon meeting in Washington with Trump, Attorney General Jeff Sessions, Department of Homeland Security Secretary Kirstjen Nielsen and ICE director Thomas Homan.

They’re gathering to discuss how to attack California’s sanctuary law passed last year that places some limits on cooperation with federal immigration information requests.

Dozens of cities and counties across California have passed resolutions or joined a federal lawsuit opposing that law, with the epicenter of that opposition in Orange County. It began with the small city of Los Alamitos, which passed a local ordinance that breaks state law. Other cities haven’t gone that far, but at least 13 of the 34 cities in Orange County have joined the resistance with statements of support. And the county board of supervisors voted to join the federal lawsuit against three California sanctuary laws.

Orange County Supervisor Michelle Steel is part of the group meeting with the President, and so is the mayor of Los Alamitos, Troy Edgar. In an email, Edgar outlined what he hopes to discuss with Trump:

“First, I plan to thank him for our mutual interest in upholding the Constitution and I look forward to contributing to this dialogue on sanctuary and immigration law and policies,” Edgar said. He also hopes to get some financial help in fighting a lawsuit brought by the American Civil Liberties Union against Los Alamitos’ ordinance, and any impending lawsuit that might be brought by the state of California.

“There will continue to be a significant price that comes with beginning this revolt in California,” Edgar said. “Any assistance that our city can be provided by direct or indirect funding would be appreciated.”

By early afternoon, Democratic Gov. Jerry Brown weighed in:

Opposition to the sanctuary law is one of the few issues where Republicans have found a little political traction in California, and they plan to make immigration one of their cornerstone issues in the upcoming midterm elections.

The GOP faces an uphill battle for voters in California. They actually come in third in percentage of the state’s voters—with just 25.9 percent of registered voters, the Republicans not only trail the Democrats’ 44. percent but also are outnumbered by 29.4 percent of independent voters who choose no-party or other party affiliations.

According to Politico, the anti-sanctuary contingent includes Steel, Edgar, House Majority Leader Kevin McCarthy, San Diego County Supervisor Kristin Gaspar, Riverside County Assembly member Melissa Melendez, and Los Alamitos City Council member Warren Kusumoto, along with some municipal and law enforcement officials.

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