In USA v California, Attorney General Becerra to File Motion to Dismiss, Asserts Trump Administration is Seeking to Undermine California’s Sovereignty

Friday, May 4, 2018
Contact: (916) 210-6000,

SACRAMENTO – California Attorney General Xavier Becerra today will file both a motion to dismiss and opposition to a preliminary injunction in United States v. California. The federal government’s lawsuit, filed on March 6, seeks to invalidate three California laws that provide for the safety, health, and welfare of its residents. The motions will assert that the federal government is undermining the State’s sovereignty to safeguard its residents’ safety, privacy, and constitutional rights. 

“California’s laws work in concert – not conflict – with federal laws and are fully constitutional,” said Attorney General Becerra. “The 10th Amendment of the Constitution gives the people of California, not the Trump Administration, the power to decide how we will provide for the public safety and general welfare of our state. The federal government has no grounds to intrude on California’s constitutional authority to enact laws designed to protect its people.”

In the motions, California argues that the State laws are all consistent with the Immigration and Naturalization Act and do not undermine the federal government’s ability to enforce federal immigration laws. It also details the harms that would result from an injunction, if granted, including the erosion of trust between law enforcement and the communities they serve, detrimental impacts on workplace productivity, and the inhumane treatment of people in civil detention facilities. 

Once filed, a copy of today’s motions will be available here.

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