Attorney General Injunctive Authority for Illegal-Directive Enforcement

(This action is part of the Catalog of Legislative Actions.)

Description

Grants the Attorney General limited public-enforcement authority to seek temporary restraining orders and injunctions against federal officers acting under illegal executive directives that are causing harm to residents.

Model Legislation

ATTORNEY GENERAL INJUNCTIVE AUTHORITY FOR ILLEGAL-DIRECTIVE ENFORCEMENT

Whenever the Attorney General [or a district attorney] has cause to believe that any federal officer, employee, or agent is engaged in actions carried out under or in furtherance of an illegal directive of the federal executive, and that such actions are thereby causing harm to the people of [state/locality], the Attorney General [or district attorney] may apply for and obtain, in an action in the appropriate court of this State, a temporary restraining order or injunction, or both, prohibiting the federal officer, employee, or agent from continuing such actions or doing any act in furtherance thereof. The court may make such orders or judgments as may be necessary to prevent the continuation or recurrence of the illegal conduct and to protect the people of this State from harm caused thereby, including orders necessary to restore any person, to the extent feasible, to the position they occupied prior to such conduct.

Characteristics

Form
Resolution, Legislation, or Executive Action
Legislation
Pressure Level
How confrontational: Low, Medium, or High
High
Pressure Mode
How action exerts pressure against unlawful federal action
Legal
Noncompliant
Whether directly defies unlawful federal directives: Yes, No, or Arguable
Arguable
Participants Called Upon (state/local)
State or local entities involved, e.g., executive, agencies, judiciary, private entities, private individuals
Executive, Judiciary
Financial Impact (state/local)
Financial cost or benefit of the action to the adopting jurisdiction: Expensive, Minor, Beneficial, Depends
Minor