While some officials are looking to resist certain policies, Trump’s border czar is warning against attempting to block the federal government.
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 embrace it and use it frequently,” Paul Nolette, associate professor at Marquette University and director of the Les Aspin Center for Government.
Nolette explained that these actions are mainly partisan, with both parties challenging national leaders. He added that further legal action is encouraged because individuals can raise their national profiles while simultaneously resisting federal control.
States often employ a mix of strategies to oppose policies they disagree with, including blocking enforcement, compelling agencies to adhere to statutes, and using litigation and agreements with private corporations and industries to create policies.
“Whether you win or lose, you often delay the implementation of a policy for months or even years,” Nolette said. “Attorneys General will try to delay as much as possible, and appeals can take forever.”
The trend notably intensified during Trump’s first term, with 135 multi-state lawsuits, and has continued under President Joe Biden, with 129 suits filed so far, including 66 in 2024, according to Nolette’s database.
As indicated by statements from attorneys general, governors, and the incoming administration, both sides will use the lessons learned during Trump’s first term to develop further strategies over the next four years.
According to Nolette, attorneys general are reviewing the Project 2025 plan—though Trump has distanced himself from the document—and have pre-written briefs ready to be filled in and filed once policy actions are implemented.
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 due to Trump’s 234 judicial appointments—almost the same number Obama made in eight years.
“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, upon returning to office, he will declare a national emergency and use military resources to remove illegal immigrants.
His newly appointed border czar, Tom Homan, stated that deporting dangerous illegal immigrants is a national security priority.
Homan added that millions of people who entered the country illegally will be ordered to be removed by courts in the coming years.
“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.”
Homan criticized governors, including California’s Gavin Newsom and Illinois’ JB Pritzker, as well as mayors like Michelle Wu of Boston and Mike Johnston of Denver, who have opposed 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 warned. “It is a felony to knowingly harbor an illegal alien from an immigration authority. Don’t test us.”
In response to Trump’s victory, Governor Gavin Newsom called a special session of the California Legislature, which is scheduled 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 described the special session as a crucial step in protecting California’s values and progress.
“California has come too far and accomplished too much to simply surrender and accept his dystopian vision for America,” said Democrat Senate President pro-Tempore Mike McGuire. “This is why we’re moving with speed and investing in our legal defense.”
In a proclamation, Governor Newsom called for lawmakers to discuss preparations for future litigation and allocate funding to cover lawsuits challenging the federal government and defending against its actions.
Trump responded by saying that California leaders’ opposition to his proposals was 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 pledged to push for voter identification requirements in elections, challenging a new California law that prohibits voter ID regulations. This law was recently blocked by a 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 responded, saying his office is prepared 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.”
Bonta added that he envisions California playing a leading role in national policy discussions, following his predecessor’s efforts to file over 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.
