State-Level Democrats Prepare Strategies to Oppose Trump’s Agenda

While some officials are looking to resist certain policies, Trump’s border czar is warning against attempting to block the federal government.
State-Level Democrats Prepare Strategies to Oppose Trump’s Agenda
President Donald Trump (R) looks on with California Gov.-elect Gavin Newsom, as they view damage from wildfires in Paradise, Calif., on Nov. 17, 2018. Saul Loeb/AFP via Getty Images
Travis Gillmore
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Law enforcement officials in some states are strategizing their responses to expected policy decisions from President-elect Donald Trump’s incoming administration, while one Cabinet appointee has cautioned against interfering with immigration plans.

Attorneys general of California, Washington, New York, and New Jersey have all voiced a readiness since Election Day to file lawsuits against the Trump administration regarding a host of issues, including deportation plans, environmental protections, and abortion.

While state attorneys general historically focus on statewide issues, they began taking more federal actions in President Barack Obama’s administration, with 62 multistate lawsuits filed.

“Neither side likes [litigation] when they’re in power, but when you’re out of power, you like it, and you use it a lot,” Paul Nolette, associate professor at Marquette University and director of the Les Aspin Center for Government, told The Epoch Times on Nov. 27.

Actions are primarily partisan in focus, with both parties challenging national leaders. Nolette said further action is incentivized, as individuals can raise their national profiles while simultaneously pushing back on control at the federal level.

States typically use a combination of tactics to address policies they disagree with, including blocking enforcement, forcing agencies to comply with statutes, and creating policies through litigation and agreements with private corporations and industries.

“Whether you win or lose, you oftentimes delay the implementation of a policy for months or years,” Nolette said. “AGs will be trying to delay as much as they can, and appeals take forever.”

The trend accelerated significantly during Trump’s first term in office—with 135 multi-state suits—and has continued through President Joe Biden’s time in the White House—with 129 filed so far, including 66 in 2024, as documented on Nolette’s database.

As indicated by statements from attorneys general, governors, and the incoming administration, both sides will use lessons learned during Trump’s first tenure to craft further strategies in the coming four years.

According to Nolette, attorneys general are reviewing the Project 2025 plan—though Trump has repeatedly distanced himself from the document—and have pre-written briefs ready for details to be filled in and filed once policy actions are taken.

While states had some successes against the federal government during Trump’s first term, Republicans now control Congress, and the judiciary is more conservative than it was eight years ago because of Trump’s 234 judicial appointments—nearly the same number in four years that Obama appointed in eight.

“That’s going to be a big challenge for Democrat AGs moving forward,” Nolette said.

According to polling results, immigration and border security are top-of-mind for millions of Americans, and litigation is expected from both sides in this area.

The president-elect’s team pointed to his election win as a signal from voters that his policies are needed to address issues affecting the nation.

“President Trump will marshal every federal and state power necessary to institute the largest deportation operation of illegal criminals, drug dealers, and human traffickers in American history while simultaneously lowering costs for families,” Karoline Leavitt, Trump–Vance transition spokesperson, said in an email to The Epoch Times on Nov. 27.

“The American people reelected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail, like deporting migrant criminals and restoring our economic greatness. He will deliver.”

Trump responded affirmatively to a post on his Truth Social app suggesting that, once back in office, he will declare a national emergency and use military resources to remove illegal immigrants.

His newly appointed border czar, Tom Homan, said deporting dangerous illegal immigrants is a national security priority.

Millions of people who entered the country illegally will be ordered removed by courts in the coming years, he said.

Former acting ICE Director Tom Homan speaks at the National Press Club on June 5, 2018. (Charlotte Cuthbertson/The Epoch Times)
Former acting ICE Director Tom Homan speaks at the National Press Club on June 5, 2018. Charlotte Cuthbertson/The Epoch Times
“Let me be clear. There is going to be a mass deportation because we just finished a mass illegal immigration crisis,” Homan said at a press conference with Texas Gov. Greg Abbott on Nov. 26 after touring the border.

“If you let them stay, you’ll never fix the border. This is a nation of laws, and we’re going to enforce those laws.”

He criticized governors, including California’s Gavin Newsom and JB Pritzker of Illinois, and mayors, including Michelle Wu of Boston and Denver’s Mike Johnston, who have spoken out against the proposed immigration policies.

“I’m sending a message to those people who said they’re going to get in our way ... don’t cross that line,” Homan said. “It is a felony to knowingly harbor an illegal alien from an immigration authority. Don’t test us.”

Newsom reacted to Trump’s victory by calling a special session of the California Legislature, which is set to begin on Dec. 2.

“The freedoms we hold dear in California are under attack, and we won’t sit idle,” the governor said in a statement. “California has faced this challenge before, and we know how to respond. We are prepared, and we will do everything necessary to ensure Californians have the support and resources they need to thrive.”

The leader of the state Senate said the special session is a stepping stone toward safeguarding values and progress.

“California has come too far and accomplished too much to simply surrender and accept his dystopian vision for America,” Democrat Senate President pro-Tempore Mike McGuire said. “This is why we’re moving with speed and investing in our legal defense.”

In a proclamation, Newsom asked that lawmakers discuss preparations for future litigation and work to set aside funding to cover suits challenging the federal government and defending against its actions.

Trump said California leaders’ opposition to his proposals is not in the best interest of the state.

“[Newsom] is using the term ‘Trump-Proof’ as a way of stopping all of the great things that can be done to ‘Make California Great Again,’ but I just overwhelmingly won the election,” he wrote in a Nov. 8 post on his social media platform, Truth Social.
The incoming president also vowed to push for requiring voter identification in elections, challenging a new California law that prohibits voter identification regulations. The law was blocked by a recent court decision.

“Also, as an ‘agent’ for the United States of America on voting & elections, I will be demanding that voter I.D., and proof of citizenship, are a necessary part and component of the voting process,” Trump wrote in the same post.

California Attorney General Rob Bonta said his office is ready to challenge any perceived improprieties from the federal government.

“We’ve been here before. We lived through Trump 1.0,” he said. “Which means we won’t be flat-footed come January.”

He said he envisions the Golden State as a leader in national policy discussion after his predecessor led efforts to file more than 120 suits against the government during Trump’s first term.

“No matter what the incoming administration has in store, California will remain the steadfast beacon of hope and progress it has always been ... the blueprint of progress for the nation to live like,” Bonta said.

Discussions with officials in other states began months before the election, he said.

“Preparation is the best antidote, and we have long been preparing for this,” Bonta said.

In the days after the election, similar messaging came from New York Gov. Kathy Hochul and New Jersey Gov. Phil Murphy, among others.

Travis Gillmore
Travis Gillmore
Author
Travis Gillmore is an avid reader and journalism connoisseur based in California covering finance, politics, the State Capitol, and breaking news for The Epoch Times.