While some officials are looking to resist certain policies, Trump’s border czar is warning against attempting to block the federal government.
Lead 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.
Democratic governors and state attorneys general are dusting off the playbooks from their offices’ pushback against President-elect Donald Trump’s policies, but they know it could be a harder battle in his second time in office.
Trump’s campaign promises included mass deportations of people in the country illegally, and his history includes rolling back environmental regulations and setting the stage for state abortion bans by nominating three new Supreme Court justices who helped overturn Roe v. Wade.
All of that is putting liberals on edge — and believing that an organized resistance is necessary.
Democratic state officials are positioning themselves carry it out.
California Gov. Gavin Newsom called Nov. 7 for a special legislative session to get a jump on the work of making laws “Trump-proof” in the nation’s most populous state.
The Democratic governors of Colorado and Illinois announced a nationwide effort on Nov. 13 that they’re calling Governors Safeguarding Democracy.
Here’s a look at how states worked against Trump policies in his first term and how it might go in his second term.
Democrats got some policies shut down or modified
Over the past two decades, challenging policies of the opposing party’s president has become a major part of the job of state attorneys general.
It peaked the first time Trump was in office, with 160 multistate filings against the administration in four years, according to a tally kept by Marquette University political scientist Paul Nolette.
That was twice as many filings as President Barack Obama’s administration faced in twice the time, almost all from GOP attorneys general. Republicans have filed 142 against President Joe Biden’s administration.
Multistate legal actions against Trump’s policies were successful 94 times.
Some of the victories were fleeting. For instance, Democrats initially persuaded courts to block the president’s ban on travelers from several mostly Muslim countries, but the U.S. Supreme Court eventually upheld it.
Other wins were on relatively mundane topics. In one case, a filing to push regulators to stop delaying rules for ceiling fan efficiency prompted the U.S. Department of Energy to do so.
There are also roles for governors and legislators. During the first Trump presidency, for instance, California and some other states adopted laws limiting how much local authorities could help federal immigration officials.
On the flip side, Trump could need help from GOP officials to carry out his policies. For instance, he might ask governors to activate National Guards to carry out deportations he has said would begin the day he is sworn in.
There are key differences to the legal landscape now
Bob Ferguson, Washington’s Democratic governor-elect and current attorney general, said at a news conference on Nov. 7 that offices of Democratic attorneys general have been in touch for months to talk about how to push back against Trump’s policies.
He said it was relatively easy to defeat Trump’s administration in court early in the Republican’s first term.
“They were often sloppy in the way they rolled out their executive actions. And that provided openings for us to prevail in court,” Ferguson said. “This time around, I anticipate that we will see less of that.”
James Tierney, a former Maine attorney general who teaches a Harvard Law School class on the office, said, “What’s different is a much higher level of sophistication on all sides.”
Ferguson will be one of a handful of people who served as attorney general at the start of Trump’s first term to be governor in his second. None of the Democratic attorneys general or governors from 2017 will be in the same job by the time Trump takes office on Jan. 20.
The courts have also become more conservative since Trump took office — largely because of his efforts. Trump appointed 245 judges to federal courts, including three to the U.S. Supreme Court.
The battles won’t be only in courts
Marquette’s Nolette said Democratic attorneys general will be involved in the “entire life cycle” of policies.
They’ll have staffers submit comments opposing proposed regulations that government agencies develop to enforce and interpret laws — and then sue if and when those regulations take effect.
The offices are likely to be aggressive in challenging new federal laws as unconstitutional. Nolette said the most fruitful action might be when they go to court over executive actions — something he said could especially come into play with immigration actions.
“By their nature, they tend to be legally vulnerable,” he said.
Nolette said there are other ways for attorneys general to exert power over federal policy besides challenging federal actions.
One of those is through suing and reaching settlements with companies. States have used that approach to force the drug industry to change practices around opioids, for instance, without any kind of federal law or executive action.
And while states cannot enter into treaties, they can do things like sign on to international climate agreements.
If the federal government rolls back enforcement in areas such as environmental laws, states could also ramp up enforcement of their similar laws.
Political ambitions are in play
The Democratic officials leading the charge against Trump could get time in the spotlight that might help them land future political jobs.
California Attorney General Rob Bonta is likely to be at the center of action this time.
Several other Democratic officials, including Attorneys General Letitia James, of New York, and Josh Kaul, of Wisconsin — whose voters favored Trump in 2016 and 2024 — have held news conferences or put out news releases on their commitment to fighting Trump policies.
Illinois Gov. J.B. Pritzker and Colorado Gov. Jared Polis announced a new effort on Nov. 13 called Governors Safeguarding Democracy, funded by donations at aimed at helping states protect the rule of law — something some Democrats have said will be at risk with Trump as president.
“We founded GSD because we know that simple hope alone won’t save our democracy,” Polis said in a conference call with reporters.
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 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 profile 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 utilize 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 undertaken.
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 impacting 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,” said Karoline Leavitt, Trump-Vance transition spokesperson, 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 call a national emergency and use military resources to remove illegal immigrants.
His newly appointed border czar said deporting dangerous illegal immigrants is a national security priority.
Millions of individuals who entered the country illegally will be ordered removed by courts in the coming years, 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,” Homan said. “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 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,” 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, 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.
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 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 governors Kathy Hochul of New York and New Jersey’s Phil Murphy, among others.
Resources
theepochtimes.com, “State-Level Democrats Prepare Strategies to Oppose Trump’s Agenda.” By Travis Gillmore;
pbswisconsin.org, “Democratic leaders in states prepare to counter Trump in his second term.” By Geoff Mulvihill;