Why new ruling on CA’s ICE limits spells trouble for resistance bills

A federal appeals court struck down one of California’s signature laws challenging the Trump administration’s immigration crackdown, and the ruling does not bode well for future measures.

The 9th Circuit Court of Appeals on Wednesday upheld an injunction prohibiting the state from requiring federal immigration agents to readily identify themselves, a law that Democrats passed last year to rein in the masked federal officers who carried out detentions around California.

The law was destined to face critical scrutiny from federal judges, and President Donald Trump’s administration sued to block it almost immediately after Gov. Gavin Newsom signed it. An 1890 Supreme Court case states that a state cannot prosecute federal law enforcement officers acting in the course of their duties, reports CalMatters’ Nigel Duara. 

And the law ran headlong into the Supremacy Clause of the Constitution, which holds that states may not regulate the operations of the federal government.

• Mark J. Bennett, 9th Circuit Judge, in the ruling: “If a state law directly regulates the conduct of the United States, it is void irrespective of whether the regulated activities are essential to federal functions or operations, and irrespective of the degree to which the state law interferes with federal functions or operations.”

Democrats this year are advancing more bills targeting the administration’s immigration agents, including proposals that would bar them from employment in California law enforcement agencies and a measure that would make it easier for people to sue federal agents over civil rights violations.

But the court’s ruling suggests trouble ahead for these proposals, since they also attempt to supersede state law over federal policy. It was a potentiality that some legislators pointed out during a committee hearing Tuesday as they weighed in on a bill that would disqualify immigration agents from being hired as California police. 

• Sen. Dave Cortese, San Jose Democrat: “I’m not sure there aren’t some constitutional issues. … I want to acknowledge that downstream I wouldn’t be surprised if there are some issues that are presented legally at some point.”

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An anti-tax proposition is on its way to the November ballot — unless California policymakers strike a deal with its proponents to keep it from voters.

As CalMatters’ Ben Christopher explains, an initiative by the low-tax advocacy group Howard Jarvis Taxpayers Association would cap taxes on real estate sales, and make it harder to pass voter-proposed local tax measures. If passed, the measure would have dire consequences for some cities, whose budgets heavily rely on taxes from these real estate sales.

But some Democrats in the Legislature are hoping there is one major bargaining chip that could persuade the measure’s proponents to take it off the ballot: Los Angeles’ 2022 tax on high-value real estate sales. In the last three years, L.A.’s “mansion tax” has raised more than $1 billion. But real estate interests argue that it slows down housing development, and they have been pushing for the tax to include more carveouts.

State legislators may be willing to roll back parts of L.A.’s tax if it means Howard Jarvis and developers will withdraw their initiative.

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Spurred by an investigation by CalMatters’ Byrhonda Lyons, a Republican-backed bill that would make it easier for car owners to retrieve the proceeds of lien sales from their old cars is wending its way through the Legislature.

Storage yards, towing companies and car repair shops can auction vehicles when the owners don’t pay and pick up their cars. For decades, the DMV has received millions of dollars from these lien sales without telling the owners. The bill would require the DMV to notify owners within 14 days of receiving profits, letting them know the amount and how to claim the money.

The bill’s analysis cited Byrhonda’s 2025 reporting, which “raised concerns that the process to recoup excess funds after a lien sale is opaque.” From 2016 to late 2024, the DMV collected more than $8 million from nearly 5,300 cars sold at auction, without having to notify the owners. Shortly after the story was published, the DMV copied a CalMatters tool to help people claim their money.

The bill is expected to be heard Monday in the Senate’s appropriations committee.

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