What to Know in Washington: Immigration Bill Empowers State AGs

Republicans’ first move to overhaul immigration policy would give states a big boost to challenge the federal government. But first, you should know:

• Donald Trump and Supreme Court Justice Samuel Alito spoke one day before the president-elect’s hush money filing to the high court.
• A tentative deal will avert a potential strike at major East and West Coast ports next week.
• Biden’s health-care civil rights head is voicing concerns about health policies in the culture war crosshairs.

Immigration Plan Would Give AGs More Sway

A bill to crack down on migrant-linked crime advancing through Congress would reshape how judges review disputes, giving state officials a fast track to challenge policies in federal court, Ellen Gilmer and Andrew Kreighbaum report.

The House-passed Laken Riley Act aims to lock up noncitizens charged with shoplifting and other theft-related crimes. But it would also supercharge the ability of state attorneys general — already a thorn in the US government’s side on immigration policy — to challenge federal actions in court, including deportation protections and legal visas.

Immigration lawyers and advocates warn the legislation would hamstring federal officials by allowing state AGs to challenge their every move, down to individual detention and release decisions.

• “It raises constitutional questions about the division of power and who gets to decide questions about immigration law that would eventually have to be answered by the Supreme Court,” said Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council.

The bill has favorable odds now that Republicans control both chambers and many Democrats are eager to show they’re tough on illegal immigration. The Senate is set to take an initial vote today. Read More

Read BGOV’s Congress Tracker for our breakdown of lawmakers’ agenda and the politics driving it.

Editor’s Picks

Carter Funeral Draws Political Rivals Together for Solemn Event

Washington will pay tribute to Jimmy Carter on Thursday, bringing together political rivals in the wake of a rancorous and volatile election to honor a former president praised by both parties for his humility and decency.

Trump’s Federal Workforce Threats Poised to Stall IRS Expansion

Promises by President-elect Donald Trump and his allies to eliminate telework, weaken civil-service protections for federal workers, and reverse funding increases for the IRS threaten to roll back the agency’s improvement in answering its phones and strip it of resources to find tax cheats.

DOL’s Su Worked With Dockworkers, Ports to Stave Off Strike

Acting Secretary of Labor Julie Su spent her last weeks in office helping the International Longshoremen’s Association and the US Maritime Alliance avoid a potential strike at major East and West Coast ports next week.

‘Dark Times’ Ahead for Trump’s HHS, Biden Health Official Says

A top Biden administration health official is voicing concerns about the incoming Trump administration and expressing worry over civil servants and health policies in the culture war crosshairs.

BGOV OnPoint: GOP Divided on Budget Tool Key to Its Agenda

Republicans are looking to use budget reconciliation to move their priorities without Democratic support, but will have to contend with limits to what can be included and intraparty disagreement on how to proceed.

Justice Samuel Alito Spoke with Trump Before Hush Money Filing

Supreme Court Justice Samuel Alito spoke on the phone with Donald Trump the day before the president-elect asked the high court to delay sentencing in the hush money criminal case against him in New York.

Alito said he was giving a former law clerk a recommendation for a role in the new administration.

• “We also did not discuss any other matter that is pending or might in the future come before the Supreme Court or any past Supreme Court decisions involving the President-elect,” Alito siad.

The next day, Trump’s lawyers asked the court to stay further proceedings in New York in the emergency application submitted to Justice Sonia Sotomayor. The call was first reported by ABC News.

Gabe Roth, executive director of Fix the Court, a nonprofit that advocates for changes in how the court functions, said Alito, Levi, and Trump should have known better.

• “The call was merely an excuse for Trump to speak with one of the nine people determining the fate of his hush money sentencing in the coming days and who will review many more Trump-related issues over the next four years,” he said. Read More

What Else We’re Reading

Biden to Further Limit Nvidia AI Chip Exports in Final Push

President Joe Biden’s administration plans one additional round of restrictions on the export of artificial intelligence chips from the likes of Nvidia Corp. just days before leaving office, a final push in his effort to keep advanced technologies out of the hands of China and Russia.

White House Rushes to Finish Cyber Order After China Hacks

The Biden administration is racing to put out an executive order meant to shore up US cybersecurity in its dwindling days in office, according to four people familiar with the matter.

Los Angeles Struggles to Battle Fires as Pentagon Offers Aid

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FTC’s Khan Urges Agency to ‘Stay Aggressive’ After She Goes

Only seven working days remain in the Biden administration, but US Federal Trade Commission Chair Lina Khan still hopes to push a few more cases out the door before she leaves.

The ‘I Love Lucy’ Effect, and Why Gensler’s SEC Checkout Matters

Gary Gensler compares running the SEC to the “I Love Lucy” episode where Ethel and Lucy struggle to wrap chocolates whizzing by them on a production line. He could have wrapped a few more of the chocolates in front of him.

Medicare Drug Price Explanations Shed Some Light on Future Talks

The Biden administration’s justification of the first cycle of Medicare drug price negotiations is fueling curiosity and uncertainty about a process largely held behind closed doors, just as another round of talks begin in the coming weeks under a new administration.

Ukraine’s Defeat Would Cost US Far More Than Aid, Group Argues

Far from saving money on US weapons that are being provided to Ukraine, a Russian victory in the war would require a surge in Pentagon spending of more than $800 billion through 2029, a conservative think tank argues in a new report.

Pentagon Chief Austin Rejects Trump Criticism Military Is ‘Woke’

Departing Defense Secretary Lloyd Austin spurns criticism from President-elect Donald Trump — and from Trump’s choice to replace him — that the American military has become too “woke,” and champions the value of diversity policies that the next administration wants to scrap.