Attorney General Bonta Continues Support of Litigation Challenging Unconstitutional Immigration Stops in Southern California

OAKLAND – California Attorney General Rob Bonta today, leading a coalition of 17 attorneys general, submitted a second amicus brief in support  of litigation challenging U.S. Immigration and Customs Enforcement’s (ICE) and Customs and Border Protection’s (CBP) unconstitutional and unlawful stops of Southern California residents during immigration sweeps. The lawsuit comes amid the Trump Administration’s campaign of conducting aggressive, militaristic immigration raids that have terrified immigrant and non-immigrant residents alike, chilled community members’ participation in civic society, and impeded law enforcement and public safety. The District Court for the Central District of California previously granted a temporary restraining order against ICE and CBP and the Ninth Circuit declined to stay that order, both concluding that the federal government’s conduct was likely unlawful. In today’s amicus brief, the attorneys general urge the court to grant further relief in the form of a preliminary injunction to prevent ongoing harms to the states and their residents.   

“The Trump Administration is conducting immigration stops of California residents based solely off the color of their skin, the language that they speak, or the job that they work in a brazen violation of the Fourth Amendment,” said Attorney General Bonta. “These immigration raids are not about detaining violent criminals – they’re about meeting arbitrary quotas, no matter the cost. It’s not just immoral, it’s unconstitutional. I urge the court to block ICE and CBP from employing these racially-motivated, unscrupulous tactics and allow our communities to return to peace.” 

In 1954, California was the first of two states targeted for immigration enforcement under an immigration enforcement initiative known as “Operation Wetback” that took its name from an ethnic slur. “Operation Wetback” involved the mass arrest and deportation of 300,000 people, including U.S. citizens. Unfortunately, history appears to be again repeating itself. During his presidential campaign, President Donald Trump praised “Operation Wetback” as a model, promising an aggressive and militarized crackdown on undocumented immigration. In recent months, the President has sought to follow through on this promise. He has praised masked immigration agents conducting unannounced enforcement actions throughout California communities and, in all too many instances, stopping residents without so much as a reasonable suspicion of unlawful conduct, leaving people afraid to leave their homes. In carrying out these suspicionless stops, the Trump Administration has made a target out of California’s diverse communities, chilled civic and economic participation, and damaged trust between law enforcement and communities.

In today’s amicus brief, the attorneys general argue that preliminary injunctive relief is in the public interest because: 

• CBP and ICE engaging in unlawful stops of Californians without a reasonable suspicion of unlawful activity has harmed local economies, public health, and several other core facets of daily life.
• Federal law enforcement’s tactics in conducting these stops, which include wearing masks and concealing the law enforcement entity they work for, have impeded local law enforcement and threatened public safety. 

Attorney General Bonta is committed to holding President Trump and his administration accountable for overreaching their authority under the law and infringing on Californians’ constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the unlawful use of federalized California National Guard troops for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. Last week, the Attorney General’s Office presented evidence of these violations during a three-day trial before the U.S. District Court for the Northern District of California.

Attorney General Bonta leads the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Minnesota, New Jersey, Nevada, New York, Oregon, Vermont, and Washington in filing the amicus brief. 

A copy of the amicus brief is available here.