OAKLAND — California Attorney General Rob Bonta and Governor Gavin Newsom announced a new online portal to assist members of the public in sharing information with the California Department of Justice regarding potentially unlawful activity by federal agents and officers across the state. Federal agents have broad authority to enforce federal laws, including federal immigration laws, but they must do so lawfully. The portal, which allows Californians to submit video and photos, will help the California Department of Justice capture and create a record of potential unlawful conduct by federal agents, such as the use of excessive force, and inform potential actions the Department may take to protect the rights and safety of Californians.
“The Trump Administration is engaging in a campaign of terror and fear that has left some California communities scared to go about their daily lives. From unmarked military-style vehicles to detainments that more closely resemble kidnappings, Californians are rightly concerned that federal agents may be crossing the line and abusing their authority. The President’s actions these past 10 months only lend support to this conclusion,” said Attorney General Rob Bonta. “Let me be clear: Federal agents can enforce federal laws, and no one should interfere with them doing their job. But federal agents must also do so lawfully and in compliance with the Constitution. If you believe a federal agent is acting unlawfully, you can report it to my office at oag.ca.gov/ReportMisconduct.”
“We’re not going to stand by while anyone — including federal agents — abuses their authority in California,” said Governor Gavin Newsom. “This new portal gives Californians an easy and safe way to speak up, share what they see, and help us hold people accountable. No one is above the law.”
Please be advised that submitting information or filing a complaint in the portal does not mean that the Attorney General will necessarily take any particular action on your complaint. The Attorney General is prohibited by law from representing private individuals or providing legal advice, legal research, or legal analysis to private individuals, including in immigration proceedings. You may obtain a referral to a certified lawyer referral service by calling the State Bar at 1-866-442-2529 or via its website. If you cannot afford a private attorney, you may consider contacting your local legal aid office. For a referral, visit LawHelpCA and click on the Find Legal Assistance tab. If you believe you are witnessing a crime in progress, you should call 911 or your local law enforcement agency and report it; the portal does not constitute formal reporting of a crime to a law enforcement agency and will not result in an immediate law enforcement response.
HOLDING THE FEDERAL GOVERNMENT ACCOUNTABLE, PROTECTING CALIFORNIANS’ RIGHTS
Attorney General Bonta is committed to holding the Trump Administration accountable when it breaks the law and harms Californians. Since January 20, 2025, Attorney General Bonta has filed 48 lawsuits challenging the Trump Administration’s illegal actions: protecting California’s funding, programs, and services; safeguarding Californians’ constitutional rights; and preventing the wholesale dismantling of the federal government.
Among other decisions, Attorney General Bonta has secured final rulings blocking the Trump Administration’s effort to unlawfully impose immigration enforcement requirements on billions of dollars in annual transportation and homeland security grants. He secured full and permanent relief for California schools in his lawsuit challenging the Trump Administration’s withholding of over $900 million in funding at the start of the school year. Most recently, he secured a permanent court order barring the Trump Administration from deploying the California National Guard to Portland.
He has also secured preliminary relief in the vast majority of cases where he has sought relief and where a court has issued a ruling. He has blocked President Trump’s unconstitutional attacks on the right to vote; safeguarded the constitutional right to birthright citizenship; stopped the Trump Administration’s attempt to impose cruel new restrictions on access to public benefit programs like Head Start based on immigration status; and prevented it from allowing ICE to comb through the private data of Medicaid recipients or from bullying states into turning over the data of SNAP recipients.
The state has also increased funding to protect people’s due process rights under federal law in deportation proceedings. This helps protect Californians and their loved ones against wrongful detentions and deportations.
1. Is the Portal Constitutional?
Yes, the portal itself is likely constitutional. Here’s why:
- State Authority to Collect Information: California is not interfering with federal enforcement; it’s simply creating a mechanism for residents to report suspected misconduct. States have broad authority to protect the rights of their residents and gather information for potential legal or policy actions. This falls under the state’s police powers and its ability to enforce civil rights protections.
- No Direct Regulation of Federal Agents: The portal does not impose restrictions on federal agents or prevent them from enforcing federal law. It only collects evidence of alleged unlawful conduct. Courts generally uphold state actions that do not obstruct federal operations under the Supremacy Clause.
- First Amendment & Due Process: The portal arguably enhances transparency and accountability, aligning with constitutional principles. It does not penalize speech or due process rights; it provides a reporting channel.
2. Can the Federal Government Challenge It?
Yes, the federal government could challenge the portal in court, but success would depend on the legal theory:
- Supremacy Clause Argument: The Trump Administration (or any federal administration) could argue that the portal indirectly interferes with federal enforcement by chilling federal agents’ ability to operate freely. They might claim it creates a “hostile environment” for federal law enforcement.
- Preemption Claim: If California uses the portal to pursue state-level actions that conflict with federal law (e.g., prosecuting federal agents for actions taken under federal authority), the federal government could argue preemption.
- Past Litigation Pattern: The DOJ has previously sued California over laws restricting federal immigration enforcement (e.g., sanctuary laws, mask bans for ICE agents). Similar challenges could arise here if the portal leads to state enforcement actions against federal officers.
Key Limits
- California cannot prosecute federal agents for actions taken within the scope of their federal authority unless those actions violate state criminal laws and are not protected by federal immunity.
- The portal does not guarantee action on complaints and explicitly states that the Attorney General cannot represent private individuals or provide legal advice.
Bottom Line:
The portal itself is constitutional because it’s informational and does not obstruct federal law enforcement. However, if California uses the portal to initiate actions that conflict with federal authority, the federal government could challenge those actions under the Supremacy Clause and preemption doctrines.