enforcement

Attorneys general in seventeen states are suing California over its landmark single-use plastic law, which went into effect on June 1.

The lawsuit comes after a coalition of environmental groups sued the state over the same law this month, arguing the new final regulations create loopholes so large they gut the law.

The states are led by Nebraska Atty. Gen. Mike Hilgers, and the plaintiffs include the National Assn. of Wholesaler-Distributors. The coalition is asking the court to block enforcement of the law immediately.

“Once again, California is trying to enact a policy that negatively impacts the rest of the country,” said Hilgers in a news release. “If California goes unchecked, consumers will be forced to pay more for basic necessities.”

The other states in the coalition are Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia. The lawsuit was filed in the U.S. District Court of Eastern California in Sacramento on Monday.

State Senate Bill 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, was signed by Gov. Gavin Newsom in 2022. It was considered landmark legislation because it requires plastic and packaging companies to use less single-use plastic and ensure by 2032 that all food packaging is either recyclable or compostable.

Accumulating plastic waste is overwhelming waterways and oceans, sickening marine life and threatening human health.

The intent was not only to reduce single=use plastic, but also to put the onus and cost of dealing with it on packaging producers and manufacturers, not consumers and local governments. It was supposed to incentivize companies to consider the fate of their products and spur innovation in material redesign.

Plastic bottles of dishwashing liquid at Compton’s Market in Sacramento on June 17, 2022.

(Rich Pedroncelli/AP)

According to one state analysis, 2.9 million tons of single-use plastic and 171.4 billion single-use plastic components were sold, offered for sale or distributed during 2023 in California.

The single-use plastic law is what is known as a producer responsibility law. It emphasizes the idea of a “circular economy” in which the producer of a material must consider its fate — making sure it can be reused or recycled, or at least reduced.

In California, all producers of single-use packaging and plastic foodware (plates, knives, spoons, etc.) join a private entity known as a producer responsibility organization. Only one such organization has been approved in California: the Circular Action Alliance.

The states and the National Assn. of Wholesaler-Distributors say the plastic law discriminates against businesses selling into the state in two ways: by making them change or alter their plastic packaging and by conferring government authority upon the alliance, enabling a private entity to regulate and impose taxes and fees on businesses selling into California.

“California is not entitled to pronounce nationwide policies,” Eric Hoplin, president and chief executive of the wholesalers group, said in a statement. “Because the Act extends California’s regulatory reach far beyond its borders and brings within its sweep conduct wholly unconnected to California, the Act violates principles of federalism, the horizontal separation of powers, and due process.”

In addition, the attorneys general say the law suppresses their free speech by compelling companies to join and fund the speech of an organization with which they may disagree.

Hoplin and his organization filed a similar suit in Oregon in February. Oregon has a comparable single-use plastic law. A federal judge blocked enforcement of that law. A trial begins on July 13.

Heidi Sanborn, executive director and CEO of the National Stewardship Action Council, which advocates for the producer responsibility laws and a more circular economy, said in May that both SB 54 and the Oregon law are public policies that were “passed by legislatures and implemented with government oversight.”

She said the laws create clear and consistent rules so all producers contribute fairly to the cost of recycling and waste management.

Meanwhile, environmental groups are also unhappy.

On June 2, Oceana, the Natural Resources Defense Council and Californians Against Waste Foundation filed a lawsuit in San Francisco Superior Court.

They allege that the final regulations for the law, drafted and approved by the state’s waste agency, include exclusions for large categories of plastic packaging that companies could use indefinitely. In addition, they say, the regulations also allow for recycling technologies that pollute, such as chemical recycling, which the law as originally drafted forbids.

“While SB 54 remains a monumental achievement as the nation’s strongest single-use plastic reduction law, some of the final regulations implementing the statute undermine the law’s ambitions,” Christy Leavitt, Oceana’s senior campaign director, said in a statement.

MINNEAPOLIS — A federal judge has blocked an attempt by the Trump administration to subpoena Minnesota Gov. Tim Walz and other state officials, calling it an effort to “harass and retaliate against them.”

In a ruling unsealed Monday, U.S. District Judge Patrick Schlitz found the “dominant purpose” of the subpoenas was to “coerce Minnesota officials into assisting the federal government with enforcing civil immigration law and to harass and retaliate against them for failing to do so.”

The subpoenas were served in January as part of an investigation into whether Walz and other officials obstructed or impeded law enforcement during a sweeping immigration operation in the Minneapolis-St. Paul area.

The subpoenas, which seek records, were sent to the offices of Walz, Atty. Gen. Keith Ellison, Minneapolis Mayor Jacob Frey, St. Paul Mayor Kaohly Her and officials in Ramsey and Hennepin counties.

The judge ruled that there appeared to be “extremely weak to nonexistent” connections between the information sought in the subpoenas and any possible criminal violation. The subpoenas seek materials “that largely if not entirely relate to constitutionally protected conduct,” the judge wrote, noting that Minnesota has the legal right not to devote its resources to enforcing federal immigration law.

The Justice Department “is not conducting a criminal investigation,” the judge wrote, “but is instead using the grand jury process for other (unlawful) purposes.”

The evidence that the subpoenas were issued for unlawful reasons is overwhelming, the judge said, arguing that the Justice Department “has struggled — without success — to identify a single plausible investigatory justification” for them.

Walz, in a statement, called the ruling “a victory for the rule of law and our democracy.”

“The U.S. Justice Department is pursuing criminal investigations into the President’s political opponents,” said Walz, the 2024 Democratic nominee for vice president. “This case was just one example of that, but we are seeing daily reminders of this administration’s lawlessness — in Minnesota and around the country. We all must continue to seek justice and uphold the rule of law.”

Ellison said “it should disturb every American that Donald Trump is weaponizing the criminal justice system against people he disagrees with.”

The subpoenas are “a politically motivated retaliation against our city for lawfully standing up to ICE and fighting for our residents,” Her said in a statement, referring to U.S. Immigration and Customs Enforcement.

Frey said the investigation was “never about justice, law, and order, but the absence of it.”

“Subpoenaing political opponents because they spoke on behalf of their constituents violates the core tenets of our democracy and human decency,” he said.

Frey also observed that criticizing government action is not a crime.

“One of the defining strengths of our democracy is the ability to challenge those in power without fear of retribution. Elected officials have both the right and the responsibility to speak honestly about how government decisions affect the people they serve,” he said.

Bauer and Richer write for the Associated Press. AP writer Eric Tucker in Washington contributed to this report.

WASHINGTON — President Trump signed a bill into law on Wednesday that gives his immigration and deportation agenda a nearly $70 billion boost for the rest of his time in the White House.

The bill provides $38 billion for U.S. Immigration and Customs Enforcement and $26 billion for the Border Patrol. An additional $5 billion would cover unforeseen costs, according to the White House.

Trump signed the legislation in the Oval Office a day after House Republicans pushed the measure through by a 214-212 vote over the objections of Democrats. His signature ended a nearly six-month fight over Department of Homeland Security funding that began with shooting deaths of deaths of two U.S. citizens, Alex Pretti and Renee Good, in January during federal immigration enforcement operations in Minneapolis.

Democrats began demanding changes to immigration enforcement after the shootings, creating an impasse — and resulting in the longest agency in history — that ultimately led Republicans to go it alone on the funding.

The agencies will be funded through the next three years. The new law front-loads routine annual funding, ensuring a virtually uninterrupted flow of money as the Trump administration seeks to deport some 1 million people per year.

The legislation had become sidetracked over $1 billion for White House security, including for Trump’s new ballroom, and a $1.8 billion fund to compensate his allies who claim to be victims of political prosecution. Both proposals became politically toxic and were scrapped.

The bill as passed focused exclusively on immigration enforcement, a topic that Republicans have treated as a defining issue between the two major political parties and one the GOP hopes will carry it to victory in November’s midterm elections.

Superville and Binkley write for the Associated Press.

May 3 (UPI) — Enforcement actions carried out by masked U.S. immigration agents triggered an hours-long stand-off and angry protest at a New York City hospital late Saturday, resulting in eight arrests, police officials say.

Crowds gathered outside of Wyckoff Heights Medical Center in Brooklyn, N.Y., around 10 p.m. EDT after images spread online of a man arrested earlier that evening by Immigration and Customs Enforcement and brought to the hospital for treatment of injuries, witnesses told WPIX-TV.

Hospital patients reported they had seen a handcuffed Black man surrounded by ICE agents inside the facility, prompting a crowd estimated at around 200 or more people to gather outside the hospital.

Videos showed scenes of chaos as agitated protesters milled about, throwing garbage containers and fighting with New York Police Department officers as pepper spray is dispersed.

Around 2 a.m., ICE agents were seen dragging a man in handcuffs along the street near the entrance to Wyckoff Hospital while carrying a large canister of what appeared to be pepper spray, amNY reported.

The Department of Homeland Security on Sunday issued a statement to media outlets identifying the arrested man as Chidozie Wilson Okeke, a Nigerian immigrant who had allegedly overstayed his visa and had previous arrests for assault and criminal drug possession.

The DHS said Okeke has requested medical treatment after agents had used force during his arrest.

NYPD officials said eight people were arrested during the melee, adding that they did not assist ICE in the arrest, in keeping with New York’s sanctuary city policies, and responded after receiving multiple emergency calls of people blocking entrances to the hospital.

“People tried to stop the vehicles from leaving,” New York City Councilwoman Sandy Nurse told The New York Times. “That’s when the police arrived, and then it was essentially a standoff for five or six hours, because more and more people showed up from the neighborhood to try to keep that individual from being taken.”

WASHINGTON — When Homeland Security Secretary Markwayne Mullin was questioned by senators during his confirmation hearing about his vision for implementing President Trump’s mass deportation agenda, he said his goal was to keep his department off the front pages of the news.

To some degree, he has. Gone are the social media video clips of now-retired Border Patrol commander Greg Bovino clashing with protesters. Mullin’s predecessor, Kristi Noem, made her first trip as secretary to New York City to make arrests with Immigration and Customs Enforcement. In contrast, Mullin went to North Carolina to review hurricane recovery efforts.

The Republican administration appears to be recalibrating its approach to a centerpiece policy that helped bring Trump back to the White House, moving in many ways away from aggressive, public-facing tactics toward a quieter approach to enforcement. Despite that shift, the administration insists it is not backing down from its lofty deportation goals.

“Clearly they’ve stepped back from the, for want of a better word, the Bovinoist tactics of before,” said Mark Krikorian, the president of the Center for Immigration Studies, which advocates for immigration restrictions. “But it’s not clear this means they’re actually stepping back from immigration.”

The Trump administration launched a series of immigration enforcement operations last year in mostly Democratic-led cities, which drove up arrests in large-scale sweeps. The crackdown sparked clashes between protesters and enforcement officers and led to the shooting deaths in Minneapolis of two U.S. citizens.

Since then, the president’s hard-line anti-immigration agenda has lost popularity with voters and there have been no new high-profile city-based operations launched, raising questions about the administration’s strategy.

“We’re still enforcing immigration laws. We’re still deporting illegals that shouldn’t be here. We’re still going after the worst of the worst — but we’re doing it in a more quiet way,” Mullin said in an interview April 16 with CNBC.

Immigration arrests have dropped, but deportation goals remain

ICE arrests have fallen in recent months, and the number of people in immigration detention has dropped from a high of roughly 72,000 in January to 58,000 this week, according to data obtained by The Associated Press.

But in a sign of its continued determination, ICE in budget documents says it plans to remove 1 million people this fiscal year and the next compared with roughly 442,000 people last year. The agency also has plenty of money to carry out its mission, with Congress granting the Department of Homeland Security more than $170 billion for Trump’s immigration agenda last year.

The administration aims to have enough space to detain roughly 100,000 people this fiscal year, which would more than double the average daily number held in ICE detention last year. The administration has already expanded its detention capacity with the purchase of 11 warehouses across the country.

“They are working on really building a juggernaut of a system,” said Doris Meissner, who headed the U.S. Immigration and Naturalization Service, a predecessor to ICE, during President Bill Clinton’s Democratic administration and is now a senior fellow at the Migration Policy Institute.

White House spokesperson Abigail Jackson said there had been no change to Trump’s strategy.

“President Trump’s highest priority has always been the deportation of illegal alien criminals who endanger American communities,” Jackson said.

ICE did not respond to repeated requests for comment.

Stripping away legal protections to ramp up deportations

Advocates for immigrants are bracing for the Trump administration to turn its attention more intently to stripping away protections for migrants with temporary legal status to remain in the U.S. while their cases are being adjudicated.

In one example of this, the number of green cards approved by U.S. Citizenship and Immigration Services dropped by half over the course of a year under the Trump administration, according to an analysis by the Cato Institute, which supports immigration into the U.S. Humanitarian visas for refugees or people who qualified for asylum saw the biggest declines.

USCIS spokesman Zach Kahler said the drop was due to increased vetting of applicants by the administration.

The Trump administration has also pushed to strip Temporary Protected Status from hundreds of thousands of people, with a key case weighing whether it’s overstepped its power to do so being heard at the Supreme Court this week.

Advocates see it as a way to send a chilling message to immigrant communities and make more people vulnerable to deportation. It also enables the department to operate without the public spectacle of workplace raids or home arrests.

ICE has also focused over the past year on creating agreements with jurisdictions around the country that allow local and state law enforcement to carry out an expanding array of immigration enforcement tasks, ranging from checking the immigration status of people in their jails to incorporating immigration checks during routine traffic stops.

These agreements, known as 287g, have grown from 135 in 20 states before Trump took office to more than 1,400 in 41 states and territories now.

Some states, most noticeably Florida and Texas, have mandated various forms of cooperation between local law enforcement and ICE.

Meissner, from MPI, said Trump’s border czar, Tom Homan, is likely to prioritize further discussions about how cities and states can cooperate with ICE.

“At the end of the day, some of this may very well succeed in increasing the numbers,” Meissner said.

Calls to enforce work restrictions

Conservatives who want more deportations say the only way to truly crack down on illegal immigration is to make it so difficult for the migrants to work that they’ll leave on their own.

The Trump administration has already taken steps to make life harder for people in the country illegally including limiting who can live in public housing by immigration status, sharing Medicaid information with ICE and requiring people in the country illegally to register with the federal government.

Krikorian, of the Center for Immigration Studies, said the Social Security Administration could send out letters alerting employers when an employee’s name doesn’t match their Social Security number. Authorities could repeatedly and consistently carry out audits of I-9 forms, which companies are supposed to fill out and submit to the federal government showing that new hires are legally able to work. And they could require banks to collect citizenship information on customers.

Whatever the strategy going forward, the administration is facing heavy pressure not to back away from its goals.

“The numbers are too low,” said Mike Howell, part of the Mass Deportation Coalition, which launched a playbook for how the administration can actually get to a million deportations a year by using tactics such as worksite enforcement.

“The deportation numbers are just too low,” Howell said, “and they need to be much higher, and they can be much higher.”

Santana writes for the Associated Press. AP writers Lisa Mascaro and Will Weissert contributed to this report.