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Newsom’s Choice: Sign GTFO Act and Invite Federal Lawsuits

California lawmakers just handed Gov. Gavin Newsom a hot potato. The Legislature sent Assembly Bill 1896 — the so‑called “Get The Feds Out” (GTFO) Act — to his desk, and he has until the end of the month to sign, veto, or let it become law without a signature. If signed, the law would bar state and local agencies from hiring people who took part in federal immigration enforcement during the current federal administration. Yes, that really happened.

What AB 1896 and the GTFO Act actually do

Put simply, AB 1896 would create a new bar on public employment for people who “participated in immigration enforcement activity” during the relevant federal term. The bill passed with companion measures that would also limit local officers from assisting federal immigration raids and ban the use of electric‑shock gloves. Lawmakers added a narrow “suitability” review tied to California’s POST training so some applicants can be considered on a case‑by‑case basis, but the basic idea is clear: if you worked for federal immigration enforcement, California wants you out of public jobs.

Why legal fireworks are likely — and why critics call it unconstitutional

Legal experts and Republican leaders are already calling this a recipe for federal lawsuits. The primary argument against the bill is simple: the Supremacy Clause and federal preemption mean states can’t block or penalize federal operations or the people who carry them out. Intergovernmental immunity and due‑process concerns have also been raised — and yes, courts will parse the exact wording. Past cases show California doesn’t automatically win when it tangles with federal immigration policy. So if Newsom signs, expect quick litigation from the Department of Justice or affected officers. Litigation is not a threat; it’s a near‑certainty.

Politics, public safety, and the optics for Newsom

Supporters say the bill protects immigrant communities from abusive enforcement tactics. Opponents say it will hamper recruitment, sow confusion between local and federal agencies, and punish people for doing their jobs. Politically, the timing is notable: Governor Gavin Newsom is angling for national visibility, and signing a bill like this would be a headline‑grabber for the left — and a headline for federal courtroom calendars. If the goal is to make a gesture, the GTFO Act does that well. If the goal is sound policy or public safety, it’s a clumsy tool that will almost certainly get sliced up in court.

What should happen next

Newsom has three practical options: veto the measure and avoid a pricey legal fight, sign it and invite a federal showdown, or let it become law by inaction and then defend the fallout. Conservatives should press the case that this is performative lawmaking that puts politics over public safety and wastes taxpayer dollars on inevitable litigation. Either way, the clock is ticking and California is once again proving it prefers dramatic slogans to durable solutions.

Written by Staff Reports

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