California lawmakers struggle to find ways to hit back against Trump immigration raids
Published in News & Features
LOS ANGELES – It has been nearly a month since the Trump administration launched its no-holds-barred immigration enforcement campaign in Southern California, deploying federal forces on raids that have sparked massive protests, prompted ongoing litigation in federal court and triggered a flurry of bills from outraged state lawmakers trying to fight back.
And yet — at least so far — nothing seems capable of deterring the White House or forcing a change in tactics.
In both Sacramento and Washington, observers said elected officials are coming up with proposals that seem to lack teeth.
Ahilan Arulanantham, co-director of the UCLA Center for Immigration Law and Policy and former senior counsel for the American Civil Liberties Union in Los Angeles, said stopping the Trump administration from sending masked and unidentified immigration agents to snatch people off the street is proving difficult.
"They detain everybody and interrogate them all and then just figure out afterward who's unlawfully present, and that's blatantly illegal," he said. "We can write more laws, but there's already perfectly good laws that say this is unlawful, and they're doing it anyway."
A bill announced Monday by state Sen. Sasha Renée Pérez, D-Alhambra, would expand police impersonation laws and require all law enforcement, unless undercover, to wear a name tag or badge number.
"While ICE has publicly condemned impersonations, the agency's use of face coverings and lack of consistent, visible identification creates public confusion and makes it difficult for the public to distinguish between authorized law enforcement personnel and dangerous criminals," Renée Pérez's office said in a news release.
Another bill, introduced by state Sens. Scott Wiener, D-San Francisco, and Jesse Arreguín, D-Berkeley, also seeks to ban law enforcement from wearing face coverings.
U.S. Representative Laura Friedman, D-Glendale, announced similar legislation Tuesday at the federal level, but the Republican majorities in both congressional houses mean it stands little chance of becoming law.
The state bills have a better chance of passage in the Democratic-controlled Legislature, but they still face opposition.
The Peace Officers Research Assn. of California, the largest statewide law enforcement union in the country, said banning face coverings could inadvertently put local cops — who are already required to wear badges, nameplates or badge numbers on their uniforms — at risk of losing access to personal protective equipment like face shields and respirators.
"Using local law enforcement as a punching bag to grandstand against the federal government should not be an acceptable practice from our state leaders. It is misdirected, misguided, and intolerable," Brian R. Marvel, president of PORAC, said in a statement.
Marvel said he doubted California had the authority to regulate the attire of federal officers.
Arulanantham disagreed, saying that the state law could stand as long as the mask ban was neutrally applied to all law enforcement, not just federal actors.
Other potential measures in the state Legislature, Arulanantham said, could expand on SB 54, the sanctuary policy that limits collaboration between state law enforcement and federal authorities on immigration enforcement. But even those protections are now under assault in the courts.
The Trump administration sued the city of L.A. on Monday, arguing its sanctuary policy hampered the federal government's ability to enforce immigration law.
"Our City remains committed to standing up for our constitutional rights and the rights of our residents," a spokesperson for the L.A. city attorney said in a statement. "We will defend our ordinance and continue to defend policies that reflect our longstanding values as a welcoming community for all residents."
Other bills advancing through the state Legislature include measures that would restrict school officials from allowing immigration enforcement inside the nonpublic areas of schools and prohibit healthcare workers from sharing a patient's immigration status without judicial warrants.
Democrats aren't alone in trying to get the White House to back off.
A group of state Republican lawmakers authored a letter to Trump, arguing that widespread immigration raids are crippling the economy by taking away workers from key industries.
"Unfortunately, the recent ICE workplace raids on farms, at construction sites, and in restaurants and hotels, have led to unintended consequences that are harming the communities we represent and the businesses that employ our constituents," the letter said.
The Department of Homeland Security has insisted its agents are busy arresting "criminal illegal aliens" and said it will continue operations despite efforts by "rioters and politicians trying to hinder law enforcement."
"As bad faith politicians attempt to demean and vilify our brave law enforcement, we will only double down and ramp up our enforcement actions against the worst of the worst criminals," Homeland Security Assistant Secretary Tricia McLaughlin said in a June 26 news release.
Local city and county governments, civil rights groups and even individuals could step in to sue the government and ICE on the grounds that they are infringing upon citizens' constitutional rights and harming the local economy — but no notable cases have been filed.
The city of Los Angeles is posturing for a suit and has already approved legal action against ICE, according to a proposal signed by seven members of the City Council.
But early struggles in the state's challenge to Trump's deployment of federal troops do not bode well for future litigation. The U.S. 9th Circuit Court of Appeals swiftly overturned a lower court decision that would've limited Trump's authority, and litigation over whether the troops can be used for immigration enforcement remains ongoing.
While the court battle plays out, state Democratic leaders, including Assembly Speaker Robert Rivas, D-Hollister, say they are working to fast-track some bills through the legislative process.
"The Speaker is deeply invested in protecting California's immigrant workers and families in the face of reckless ICE raids and Trump's abuses of power," Rivas' spokesperson Nick Miller said in a statement.
Some observers said that, despite the struggles legislation may face in the near term, it may be up to Republicans to change focus from Trump's agenda to things that affect their electorates, said veteran Democratic political strategist Roy Behr.
"The Republicans seem more focused on doing whatever Trump wants, but at least these votes force them to show where their loyalties really lie. And you know, maybe one day they will actually start to pay the price for these votes and ultimately feel the pressure to change their minds."
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