The Unsung Resistance: Fighting Trump In The Courts
California AG Rob Bonta is taking on Trump...and winning.
People often ask what Democrats are doing to resist Donald Trump in this moment. It turns out, much of the most effective resistance is playing out at the state level, with Democratic governors and attorneys general leading the fight.
California Attorney General Rob Bonta is one of those Democrats fighting back and winning.
When Trump signed an executive order attempting to ban birthright citizenship, Bonta joined Democratic state AGs to sue to block the unconstitutional order, and they won a nationwide preliminary injunction. When Elon Musk recently unlawfully accessed Treasury Department data, Bonta immediately sued and won an emergency order blocking Musk. And just yesterday, in a suit filed by Democratic blue state attorneys general including Bonta, a federal judge issued an emergency order blocking the Trump administration from halting $4 billion in critical NIH funding for biomedical research.
Bonta’s efforts to push back against Trump didn’t just begin after Trump was sworn in. He’s been committed to “Trump-proofing” California ever since the election. We spoke with Bonta about how he has worked to protect Californians, and ultimately all Americans, from the worst effects of this new president’s executive orders.
— Team Big Picture
Q: Back in December, you announced that you were preparing to challenge any unlawful policies from then President-elect Trump, particularly when it comes to protecting immigrants in California. What did that look like exactly?
Between President Trump’s first administration, Project 2025, and his campaign promises, we had a good idea of what was coming – and we devoted a lot of time to making sure we were ready to take immediate action if the President broke the law. During his last administration, my office sued more than 120 times and won the vast majority, and I’m committed to continuing to defend the people, values, and resources of this state against any new challenges.
We also wanted to be responsive to his threats of mass arrests, detention, and deportation, and I hosted a series of regional convenings with immigrant rights groups, elected officials, and other advocates ahead of Inauguration Day to share resources and hear concerns. My team released guidance to help California immigrants better understand their rights and protections under the law and avoid immigration scams by those seeking to take advantage of their fear and uncertainty. And we updated guidance for public institutions like schools, hospitals, and courts to help them understand California law limiting state and local participation in immigration enforcement activities.
Q: How has your strategy evolved, if at all, in light of the President’s executive orders, including his threat of prosecution of any state or local officials who interfere in Trump’s immigration crackdown?
It is disappointing, but unfortunately unsurprising that President Trump, in his first weeks in office, has focused his time and energy on making many of his inhumane, irresponsible campaign promises a reality.
My team is actively reviewing his executive orders, and we stand ready to take action if we find that the President has in any way violated the law. Already, we have gone to court to block the President’s unconstitutional attempt to end birthright citizenship and to freeze federal funding that states rely on for vital health, safety, and housing programs.
The President’s threat to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws is a scare tactic. He is attempting to intimidate and bully state and local law enforcement into carrying out his mass deportation agenda for him. He cannot do that.
Q: Trump is famously retaliatory and thin-skinned. Are you concerned that federal disaster relief for California would be at risk if you cross Trump? He’s already threatened to make disaster relief contingent on compliance with his policies, what are the implications of this for blue states?
Just as President Biden provided support to Republican-led states like Florida during Hurricane Milton and Texas during Hurricane Beryl, I fully expect this President to take his duty to the American people seriously and provide needed disaster relief regardless of political differences.
The fires that burned across Los Angeles County continue to take a devastating toll on our communities, and all Californians are grateful that President Biden declared a federal disaster in early January, unlocking critical sources of funding for fighting the fires, clearing debris, mitigating hazards, and the long process of rebuilding our communities.
While it is disheartening to see President Trump and some congressional Republicans politicize this moment by threatening to withhold that federal assistance based on falsehoods, I have every expectation that federal funding will continue to support California and the hardworking Californians whose lives and livelihoods are at risk.
Q: It was disheartening to see ten Senate Democrats vote with Republicans to pass the Laken Riley Act. What are your concerns about this legislation? What does it mean for California?
My focus is on California and the work we’re doing here to uphold and ensure the rights of our residents, including our immigrant population. California is home to nearly 11 million immigrants, more than any other state in the nation, and proudly so. It’s no coincidence that California is the fifth-largest economy in the world. Immigrants not only drive our workforce and economy, but bring in new ideas, innovations, and perspectives.
The federal government has the authority to determine how it goes about federal immigration enforcement, so long as they follow the law. But they cannot force us to assist them. Courts have repeatedly held that the federal government cannot require California to participate in Trump’s attacks on immigrants. And California law is clear: SB 54 prohibits state and local law enforcement from using taxpayer funds to enforce federal immigration law, subject to several narrow exceptions. That has not changed.
Q: One executive action Trump took on “Day One” was to try to overturn birthright citizenship unilaterally with an executive order, which I know you immediately sued him over. What is your take on his move here since the 14th Amendment is quite clear? Could this actually be upheld at the Supreme Court?
President Trump’s attempt to end birthright citizenship via executive order, just hours after taking office, is unconstitutional and frankly, un-American. Birthright citizenship is not new or radical. It’s foundational to our nation’s history and has been upheld twice by the U.S. Supreme Court.
The President chose to start his second term by violating the 14th Amendment of the U.S. Constitution and the Immigration and Nationality Act and flouting more than 125 years of precedent by the U.S. Supreme Court. Frankly, this is a terrifying tone to set for the rest of his term, yet it comes as no shock as Trump is simply following through on his campaign promise. But I will also follow through on my promise to take action when Trump violates the law and infringes on our rights, as I did less than 24 hours after this order was signed.
The fact is, the President overstepped his authority by a mile in his attempt to strip the constitutional right to citizenship for children born on U.S. soil. I am fully confident that every court that this case comes before will agree with us on that.
Q: Between Trump’s pardons for the January 6 rioters and for Silk Road founder Ross Ulbricht who had been sentenced to life in prison, how can Trump and Republicans credibly claim to be the party of law and order anymore? What does this mean for our institutions going forward?
I’m disappointed, but not surprised, that the President made good on his promise to pardon those who carried out the unlawful, unprecedented attack on our Capitol on January 6th. But I continue to have faith in the rule of law and the durability of our institutions.
We must trust that our systems are strong enough to withstand this President and his reckless disregard for the law. And we are already seeing proof of this with court decisions blocking his unconstitutional executive order on birthright citizenship and sweeping freeze of federal funding.
Rob Bonta has been Attorney General of California since 2021 and is the first person of Filipino descent to hold the post. As AG, Bonta is busy seeking accountability from those who abuse their power and harm others, from taking on the new Trump administration to suing big oil to holding greedy developers accountable. Standing up for hard-working families and ensuring all Californians have a shot at the California Dream are among the most important functions of his job. Prior to being elected Attorney General, Bonta served in the California State Assembly, where he enacted nation-leading reforms to inject more justice and fairness into government and institutions.
I applaud the work of the 22 AGs from the Blue states. Colorado AG, Phil Weiser is one of them. The situation seems rather hopeless right now. We need an enforcement mechanism. Someone has to be able to issue an arrest warrant against muskrat. And a law enforcement agency must be willing to make the arrest. But the AGs are doing SOMETHING. Which is so much better than wringing their hands and waiting for the moment when they get to say "I told you so!" When that moment comes, it's too late, we've all lost.
I can only say that I’m with you and all the other Attorneys General who are willing to take action! Hopelessness is not a strategy!