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2 weeks ago
California was considered a leader in fighting the most extreme policies of Donald Trump’s first administration, and after the Republican’s decisive win this week, officials in the Golden state say they are more prepared to resist some of the measures Trump is expected to pursue in his second term.
Rob Bonta, California’s attorney general, will be a crucial figure in that effort, tasked with spearheading litigation and defending vulnerable Californians’ rights in the courtroom. It’s a tall order as the president-elect has promised policies that could threaten the state’s immigrant population, LGBTQ+ residents, climate initiatives, gun safety measures, healthcare programs and abortion rights.
But Bonta, in an interview with the Guardian on Thursday, said his office was ready on every front.
“I know a lot of people are anxious and worried, concerned, fearful, angry, sad,” said the Democrat, who now occupies the seat previously held by Kamala Harris. “I’m not happy with the results, but I’m energized and ready to fight … I’m ready to do my job and lean in hard and punch back and push back and fight back against any attacks from the Trump administration on California’s ongoing progress.”
Bonta’s efforts could have a significant impact in the most populous and diverse state in the US, home to the fifth largest economy in the world and considered a leader on progressive policies.
In Trump’s first term, Bonta recalled, California successfully fought Trump’s “public charge” rule, which sought to block green cards for immigrants who accessed certain benefits, such as food stamps. The state also sued to prevent Trump from denying funds to sanctuary cities, and helped stop the former president’s effort to end Deferred Action for Childhood Arrivals (Daca), a program that protects immigrants who entered the US unauthorized as children.
“Trump has a very difficult time resisting the temptation to violate the law,” said Bonta, saying he expected the president-elect to once again use executive action to make changes that require congressional action. “If he wanted to take a blowtorch to the Affordable Care Act and end it on day one by executive order … he can’t do it.” Trump recently said he had “concepts of a plan” to replace the popular Obama-era program that expanded healthcare coverage, and his victory has raised alarms among public health advocates.
Bonta said he had been in discussion with attorneys general across the US – sharing briefs, memos and knowledge from their fights during Trump’s first term – and they were primed to coordinate lawsuits as needed: “It’s all hands on deck, use every tool that you have. Litigation will certainly be one of the most potent and powerful ones.
“We’ve been preparing for months, in some cases years,” he continued. After Roe v Wade was overturned in 2022, his staff wrote a legal brief to challenge a national abortion ban, a draft he has ready, if necessary. His staff has also monitored comments by Trump’s inner circle and reviewed Project 2025, the rightwing blueprint for his second term drafted by Trump’s allies.
“We’ve got a lot in our back pocket ready to drop,” he said. “In some [cases], the whole strategy is thought through – the court we file in, when we file it, based on what action the Trump administration takes. We’ve just gotta dot the Is and cross the Ts and press print. But we are very far along, very advanced in our preparation.”
Trump has threatened unprecedented mass deportations, an agenda that was partially thwarted in his first term by California and other blue states that passed sanctuary laws limiting local law enforcement cooperation with federal immigration agents. California Democrats will face pressure from immigrant rights’ groups to expand those sanctuary policies, which advocates say are not currently the strongest in the nation. California prisons, for example, continue to coordinate with US Immigration and Customs Enforcement (Ice), which helps drive deportations, but Gavin Newsom, the state governor, has previously vetoed efforts to prevent cooperation with Ice.
Bonta said officials should be exploring ways to “reinforce and strengthen” the existing sanctuary law, though he didn’t offer specifics.
Newsom has called a special legislative session in December for lawmakers to discuss ways to “Trump-proof” state laws, and immigration will probably be a priority.
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“The federal government can’t conscript or commandeer state or local resources or law enforcement agencies to do their job [of immigration enforcement],” Bonta said, describing the current sanctuary policies. “There could be some additions that could help make that stronger.”
He said he would be looking for ways to ensure the sanctuary law is properly followed and implemented across the state. Advocates are also bracing for rightwing pro-Trump sheriffs in conservative counties to potentially violate California’s sanctuary rules. Bonta said he would respond if that happens: “They are law enforcement officers. They need to enforce the law. They can’t pick and choose the laws they want to enforce … if they’re going to politicize it and break the law, then we’ll be there to hold them accountable.”
Trump has also promised a major rollback of LGBTQ+ rights and some of his campaign ads have spread significant misinformation about the rights of transgender Americans, particularly around healthcare and sports. He has pledged to revoke funding from hospitals that provide gender-affirming care to youth, punish schools that affirm trans youth and push a law stating the government doesn’t legally recognize trans people.
California was the first state in 2022 to establish itself as a sanctuary for trans kids seeking healthcare, and Bonta’s office successfully sued a local school district over its policy that would have required schools to out trans and gender non-conforming students to their parents.
“We’ve been fighting on so many fronts against the attacks on our transgender kids, whether fighting for them to be able to play sports … or use the bathroom consistent with their gender identity, or be able to go to a doctor’s office and have gender-affirming care,” he said. “We will continue … The courts are a good place to find relief when you target and single out someone based on their protected class.”
Bonta advocated for Harris during the election and was hoping he would not need to stand up to the federal government. “I didn’t want this outcome,” he said. “I was working to have a different outcome, but I couldn’t guarantee [it] … so we needed to be prepared for the possibility of [Trump]. Unfortunately, this outcome is here. Fortunately, though, we’re ready for it, because we prepared.”
Read more of the Guardian’s 2024 US election coverage
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