Federal Accountability

OAKLAND — California Attorney General Rob Bonta today secured a preliminary injunction from the U.S. District Court for the Northern District of California temporarily blocking the U.S. Department of Agriculture (USDA)’s demand that states turn over personal and sensitive information about millions of Supplemental Nutrition Assistance Program (SNAP) recipients. This July, Attorney General Bonta filed a lawsuit against the Trump Administration alleging that this demand violates multiple federal laws and the U.S. Constitution. 

“Let’s be crystal clear: The President is trying to hijack a nutrition program to fuel his mass surveillance agenda,” said Attorney General Bonta. “We won’t let that happen — not on our watch, and not in our communities. The Trump Administration can try all it wants to strong arm states into illegally handing over data, but we know the rule of law is on our side. We will continue to vigorously litigate this lawsuit and defend our communities, protect privacy, and ensure that SNAP remains a tool for fighting hunger — not a weapon for political targeting.”

SNAP is a federally funded, state-administered program that provides billions of dollars in food assistance to tens of millions of low-income families across the country. SNAP applicants provide their private information on the understanding, backed by long-standing state and federal laws, that their information will not be used for unrelated purposes. In an attempt to bully states into compliance, USDA has repeatedly threatened to withhold administrative funding for the program if states fail to comply with its unprecedented demand for data — effectively forcing states to choose between protecting their residents’ privacy and providing critical nutrition assistance to those in need. California receives over $1 billion a year to administer the program, and any delay in that funding could be catastrophic for the state and its residents who rely on SNAP to put food on the table.

A copy of the order is available here.

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 22 attorneys general from the states of Arizona, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia, to issue a joint statement condemning the Trump administration’s retaliatory prosecution of New York Attorney General Letitia James:

“We resoundingly denounce the Trump administration’s retaliatory prosecution of our colleague, New York Attorney General Letitia James.

Since a New York State judge found Donald Trump liable for years of business fraud and illegal dealings in a case led by Attorney General James, Mr. Trump has repeatedly broadcast his desire to arrest and prosecute her. Mr. Trump has now done just that — demanding an indictment of Attorney General James even though the U.S. Attorney for the Eastern District of Virginia Erik Siebert resigned rather than seeking an indictment. 

None of us, whether our states’ top legal officials or members of the public, should stand idly by while justice is upended and this president uses the criminal legal system to pursue his personal vendettas. The Trump-directed arms of the executive branch have arrested a sitting member of Congress, charged the former director of the Federal Bureau of Investigation, and criminally investigated a governor of the Federal Reserve, among other retaliatory and politically motivated pursuits. These kinds of prosecutorial abuses are the hallmarks of police states and authoritarian regimes — not America’s democracy.  

We stand in solidarity with Attorney General James and others who have been targeted for reasons wholly antithetical to the pursuit of justice. We commit to doing all we can to ensure that the rule of law prevails and to resist the further corrosion of our system of justice.”

Asks court to consider the experiences of Los Angeles to prevent harm to Chicago 

OAKLAND — California Attorney General Rob Bonta, 20 other attorneys general, and three states this weekend filed an amicus brief in support of Illinois Attorney General Kwame Raoul in response to the Trump Administration’s attempt to block emergency relief granted to Illinois — relief that temporarily prevents the Trump Administration’s illegal federalization of the Illinois National Guard and the deployment of federalized National Guard troops from other states. On October 7, Attorney General Rob Bonta and Governor Gavin Newsom filed an amicus brief in support of Attorney General Raoul’s request for emergency relief to block President Trumps illegal use of power. On October 9, the court granted this emergency relief to Illinois. The Trump Administration’s campaign to militarize America’s cities began in California, where in early June, President Trump seized control of California National Guard troops and deployed them to conduct civilian law enforcement activities throughout Southern California. As California has experienced since the National Guard was federalized without Governor Newsom’s consent four months ago, a continuous military presence in American communities violates state sovereignty and the police powers reserved to the states under the Tenth Amendment of the U.S. Constitution; harms local economies; undermines public safety; and damages troop morale. In the amicus brief, which was filed in the U.S. Court of Appeals for the Seventh Circuit, the attorneys general argue that immediate court intervention via emergency order is necessary to protect Chicago communities from experiencing that same harm.  

“The President continues to deploy an unprecedented amount of force against our cities and people, and it comes at a tremendous cost. As California demonstrated during our own trial — and as the city of Los Angeles has experienced over the last four months — the illegal militarization of American cities terrorizes our residents, drains our troops, and tanks our local economies,” said Attorney General Bonta. “I stand with Attorney General Raoul and ask the court to reject the Trump Administration’s effort to throw out an order demanding them to halt their illegal militarization of communities in Illinois. The escalating use of American communities as a training ground for the military must stop now.” 

President Trump’s federalization of Illinois’ National Guard and deployment of Texas’ and California’s federalized National Guard into Illinois is unlawful — and an attack on our nation’s foundational principle of keeping the military out of civilian affairs. In the amicus brief, the attorneys general argue that the President’s unlawful and unconstitutional use of the military has exacerbated, rather than calmed, tensions in our communities, while threatening activity protected by the First Amendment. Dangerously, the President’s actions undermine the role of local law enforcement and violate state sovereignty by sending federalized troops into our communities against the will of state leaders. The coalition also makes clear their interest in ensuring that their National Guards are available to perform the essential services needed within their states. 

During a three-day trial in August, California provided ample evidence that the unwanted presence of military troops heightens tensions in communities, undermining trust between local law enforcement and the communities they serve and requiring local law enforcement to deploy additional resources to maintain public safety. Moreover, while local police have training, experience, and systems to handle crowd control, protests, and other civil duties, National Guard troops are trained for combat and are not trained in criminal procedure, civil rights, and de-escalation techniques. This introduces complications and dangers to both the public and the troops engaging with them.

Militarization of communities creates an atmosphere of fear that can inflict lasting damage to states’ economies, with residents afraid to report to work and avoiding areas where the military is deployed. The ongoing military presence in downtown Los Angeles, for example, has sharply decreased consumer activity and harmed businesses so severely that some may never recover. Chicago can expect to face similar economic devastation if the court does not intervene.   

In filing the amicus brief, Attorney General Bonta joins the attorneys general of Maryland, Arizona, Colorado, Connecticut, Delaware, Hawai'i, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia, as well as the states of Kansas, Kentucky, and Pennsylvania. 

A copy of the amicus brief is available here.

BACKGROUND

Attorney General Bonta is committed to holding President Trump and his Administration accountable for overreaching their authority under the law and infringing on Californians’ constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration’s unlawful orders to federalize the California National Guard and utilize National Guard troops and the Marines for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.  

In August, the Attorney General’s Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court’s order is temporarily paused while the Ninth Circuit considers the federal government’s motion for a stay.  

Last week, Attorney General Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration’s deployment of federalized California National Guard troops to Portland, Oregon. Attorney General Bonta has previously supported Oregon Attorney General Dan Rayfield’s and D.C. Attorney General Brian Schwalb’s lawsuits challenging the Trump Administration’s unlawful deployment of National Guard troops to their cities. 

OAKLAND — Following the indictment of New York Attorney General Letitia James, California Attorney General Rob Bonta today demanded that U.S. Attorney General Pam Bondi reassert the long-standing independence of the U.S. Department of Justice and immediately end all politically-motivated criminal prosecutions. In a strongly worded letter, Attorney General Bonta reminded U.S. Attorney General Bondi that prosecutors have a solemn responsibility to wield power in a fair and impartial manner, always driven by the facts and the law. According to public reports, senior career attorneys at the U.S. Department of Justice and the then-acting U.S. Attorney for the Eastern District of Virginia, Erik Siebert, believed the case against Attorney General James was weak and did not merit presentation to a grand jury. Still, President Donald Trump engaged in a public pressure campaign against Attorney General James, culminating in yesterday’s indictment by a federal grand jury in Virginia.

“The indictment against my esteemed colleague, New York Attorney General Letitia James, should send chills down all of our spines,” said Attorney General Bonta. “President Trump is actively targeting those he views as his enemies, and the U.S. Department of Justice is blindly doing his bidding. Yesterday, it was Attorney General James, and two weeks ago, it was former FBI Director James Comey. Who will be the next target tomorrow? In a democracy, we should never have to ask that question. I’m urging U.S. Attorney General Bondi to do the right thing: Protect the U.S. Department of Justice’s independence.”

Attorney General Bonta previously sent a letter to U.S. Attorney General Bondi in the wake of the apparently politically-influenced indictment of former FBI Director James Comey. In today’s letter, Attorney General Bonta writes that: 

• Attorney General James has exercised her duties with the utmost fidelity to the Constitution. That fidelity led her to pursue legitimate claims of financial fraud against President Trump and his business organization under New York State law. Those claims were brought to a New York state court, which in a civil judgment, affirmed Attorney General James’ charges.
• Yesterday’s indictment, and the so-called investigation that preceded it, is retribution for the work Attorney General James did to hold President Trump accountable for his unlawful conduct.
• Politically motivated prosecutions have no place in our system of justice. They erode the faith Americans should have in their public servants and run contrary to the rule of law. 

A copy of the letter can be found here.

Since the Ninth Circuit first stayed the lower court’s order blocking the federalization of the California National Guard in June, facts have significantly changed undermining the Trump Administration’s arguments 

OAKLAND — California Attorney General Rob Bonta presented new evidence to the U.S. Court of Appeals for the Ninth Circuit that seriously undermines the Trump Administration’s arguments for the federalization of the California National Guard. Since President Trump first unlawfully federalized California National Guard troops in early June, the Trump Administration has dramatically broadened its efforts to use these troops beyond the Los Angeles area, and for activities unrelated to protecting federal personnel and buildings. In new filings, Attorney General Bonta highlights that the instances of civil unrest in Los Angeles that purportedly gave rise to the deployment have subsided; that the Trump Administration has deployed members of the National Guard for routine law enforcement operations far from Los Angeles in ways that have nothing to do with the original basis for their deployment; and that the Administration planned to send all of the remaining Guard members to Portland, Oregon, and just yesterday, sent members to Chicago, Illinois — moves that cannot be reconciled with the Administration’s assertions about the harm it would suffer without California National Guard boots on the ground in the Los Angeles area. In light of these major changes, the Ninth Circuit should lift its stay of the district court’s injunction.

“President Trump is seeking to deploy the California National Guard as his own personal, traveling police force —  indefinitely, anywhere in the country. This is a far cry from what the Ninth Circuit considered back in June when the Administration claimed it would suffer serious harm if the National Guard were not available in Los Angeles. The Administration’s recent actions in Portland and Chicago entirely undermine any basis for a continued stay of the order blocking federalization,” said Attorney General Bonta. “I urge the Ninth Circuit to vacate its earlier stay order in light of the dramatically different landscape today — and the President’s clear intent to use and abuse the military domestically. The escalating use of American communities as a training ground for the military must stop now.” 

“As a co-equal branch of government, the courts need to be the counterbalance to Trump’s authoritarian lunacy,” said Governor Gavin Newsom. “Instead of fighting a non-existent conflict for the President, our servicemembers deserve to be at home with their families and back to civilian life.”

FEDERALIZATION ORDER

In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration’s unlawful orders to federalize the California National Guard and utilize National Guard troops for civilian law enforcement in Los Angeles, in violation of federal statutes and constitutional limitations. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.   

In a new motion, Attorney General Bonta lays out the case for why circumstances today are fundamentally different than when the Ninth Circuit first issued its stay back in June. Not long after the court entered its stay order, the Trump Administration began deploying members of the National Guard to areas far from Los Angeles on missions that had nothing to do with the original basis for federalizing the Guard. The Trump Administration also issued an order extending the federalization from its initial 60-day period to 150 days, even while acknowledging that there was little, if any, remaining security risk to federal personnel and property in Los Angeles.   

More recently, President Trump has expressed a desire to use Democratic cities as a “training ground” for the military, abandoning his pretense that these troops are necessary to quell any sort of chaos or unrest. After his effort to federalize the Oregon National Guard was blocked by a court in Oregon, the Trump Administration transported hundreds of the federalized California National Guard troops to Portland. The district court in Oregon called the Administration’s action a “direct contravention” of the prior court order and, at the request of the States of Oregon and California, issued a second order prohibiting the Administration from deploying federalized members of the National Guard in Oregon.  

The ever-expanding mission of California’s federalized National Guard troops bears no resemblance to what the Ninth Circuit provisionally upheld in June. And it is causing irreparable harm to California, to the nation’s democratic traditions, and to the rule of law. Attorney General Bonta respectfully asks the Ninth Circuit to vacate its earlier stay and allow the district court’s temporary restraining order blocking the federalization of these troops to go into effect, or in the alternative, he asks for the Ninth Circuit to block the federalization order and return the National Guard to the Governor’s command. 

A copy of the motion is available here. 

POSSE COMITATUS ACT

In a separate letter, Attorney General Bonta alerts the Ninth Circuit to developments showing why the Court should lift a stay of a separate trial court order blocking the Administration from further violations of the Posse Comitatus Act. 

In August, the Attorney General’s Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court’s order is temporarily paused while the Ninth Circuit considers the federal government’s motion for a stay.   

In their motion for a stay, the Trump Administration argued that “National Guard members who remain in Los Angeles continue to play an important role in protecting federal personnel and property . . . and the district court’s injunction threatens their ability to serve that function.” Yet, the Trump Administration made clear its plans to order all 300 federalized California National Guard members to Portland, Oregon. In doing so, it clearly demonstrated that there is no pressing need for the troops in Los Angeles. Attorney General Bonta urges the Ninth Circuit to lift its administrative stay forthwith and deny defendants’ motion for a stay pending appeal.  

A copy of the letter is available here. 

AMICUS BRIEFS 

Attorney General Bonta is committed to holding President Trump and his Administration accountable for overreaching their authority under the law and infringing on Californians’ constitutional rights. Attorney General Bonta has previously supported Illinois Attorney General Kwame Raoul’s, Oregon Attorney General Dan Rayfield’s and D.C. Attorney General Brian Schwalb’s lawsuits challenging the Trump Administration’s unlawful deployment of National Guard troops to their cities. 

OAKLAND — California Attorney General Rob Bonta and Governor Gavin Newsom today filed an amicus brief in support of Illinois Attorney General Kwame Raoul’s request for emergency relief to block President Trump’s illegal federalization of the Illinois National Guard and the deployment of federalized National Guard troops from other states. The Trump Administration’s campaign to militarize America’s cities began in California, where in early June, President Trump seized control of California National Guard troops and deployed them to conduct civilian law enforcement activities throughout Southern California. In today’s brief, Attorney General Bonta and Governor Newsom argue that immediate court intervention is necessary to prevent Illinois from experiencing the same irreparable harms that the Trump Administration has inflicted on California and to protect other states across the nation from becoming the military’s next “training ground.”  

“The Trump Administration continues to far exceed the outer bounds of presidential power, blasting through legal guardrails and shattering democratic norms,” said Attorney General Rob Bonta. “California communities have no desire to see their streets turned into a training ground for the military. Neither do our friends in D.C., Illinois, and Oregon. I urge the court to see this political gamesmanship for what it is — and put an immediate stop to it before it goes any further.” 

"Trump is going on a cross-country crusade to sow chaos and division," said Governor Gavin Newsom. "His actions – and those of his cabinet – are against our deeply-held American values. He needs to stop this illegal charade now."

President Trump’s federalization of Illinois’ National Guard and deployment of Texas’ federalized National Guard into Illinois is unlawful — and an attack on our nation’s foundational principle of keeping the military out of civilian affairs. As California has experienced since the National Guard was federalized without Governor Newsom’s consent four months ago, a continuous military presence in American communities violates state sovereignty and the police powers reserved to the states under the Tenth Amendment of the U.S. Constitution; harms local economies; undermines public safety; and damages troop morale.   

During a three-day trial in August, California provided ample evidence that the unwanted presence of military troops heightens tensions in communities, undermining trust between local law enforcement and the communities they serve and requiring local law enforcement to deploy additional resources to maintain public safety. Moreover, while local police have training, experience, and systems to handle crowd control, protests, and other civil duties, National Guard troops are trained for combat and are not trained in criminal procedure, civil rights, and de-escalation techniques. This introduces complications and dangers to both the public and the troops engaging with them.

While the Trump Administration may argue that the relatively small number of troops currently deployed in Illinois lessens any harm those troops may cause to communities, even a small number of troops is enough to violate the Posse Comitatus Act, which prohibits the use of the military for civilian law enforcement purposes. For example, just 80 soldiers participated in the widely publicized Department of Homeland Security Operation Excalibur in Los Angeles’ MacArthur Park that was used “to demonstrate, through a show of presence, the capacity and freedom of maneuver of federal law enforcement within the Los Angeles Joint Operations Area.”   

Finally, the militarization of communities creates an atmosphere of fear that can inflict lasting damage to states’ economies, with residents afraid to report to work and avoiding areas where the military is deployed. The ongoing military presence in downtown Los Angeles, for example, has sharply decreased consumer activity and harmed businesses so severely that some may never recover. Chicago can expect to face similar economic devastation if the court does not intervene.   

A copy of the amicus brief is available here. 

BACKGROUND

Attorney General Bonta is committed to holding President Trump and his administration accountable for overreaching their authority under the law and infringing on Californians’ constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration’s unlawful orders to federalize the California National Guard and utilize National Guard troops and the Marines for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.  

In August, the Attorney General’s Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court’s order is temporarily paused while the Ninth Circuit considers the federal government’s motion for a stay. 

Just this week, Attorney General Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration’s deployment of federalized California National Guard troops to Portland, Oregon. 

Attorney General Bonta has previously supported Oregon Attorney General Dan Rayfield’s and D.C. Attorney General Brian Schwalb’s lawsuits challenging the Trump Administration’s unlawful deployment of National Guard troops to their cities. 

OAKLAND – California Attorney General Rob Bonta today secured emergency relief from the U.S. District Court for the District of Oregon blocking the Trump Administration’s unlawful redeployment of federalized California National Guard troops to Portland, Oregon. Yesterday, Judge Karin Immergut, appointed by President Trump in 2019, enjoined the Trump Administration from federalizing the Oregon National Guard, finding the federalization order to be unlawful. The Trump Administration subsequently sought to circumvent this order by redeploying troops from California, a move that Attorney General Bonta and Oregon Attorney General Dan Rayfield challenged earlier today in court. 

“The Trump Administration’s flagrant disregard for the courts was on full display when it sought to circumvent Judge Immergut’s order blocking the federalization of the Oregon National Guard by redeploying troops from Los Angeles to Portland,” said Attorney General Rob Bonta. “This disrespect for the rule of law cannot stand—and I’m glad the court agreed. The President’s move to deploy the National Guard of one state over the objections of its Governor to another state over the objections of a second Governor is well outside of the norms or practices of any President in recent history. But this President is determined to take as much power as the courts will give him. This fight isn’t over, but today’s rebuke of the President’s illegal actions is a step in the right direction.”

"The rule of law has prevailed. This ruling is more than a legal victory, it’s a victory for American democracy itself," said Governor Gavin Newsom. "Donald Trump tried to turn our soldiers into instruments of his political will. While our fight continues, tonight the rule of law said ‘hell no’."

OAKLAND – California Attorney General Rob Bonta today joined Oregon Attorney General Dan Rayfield in asking the U.S. District Court for the District of Oregon to block the Trump Administration’s deployment of 300 federalized California National Guard troops to Portland, Oregon. Yesterday, the District Court enjoined the Trump Administration from federalizing the Oregon National Guard, finding the federalization order to be unlawful. The Trump Administration now seeks to circumvent that order by diverting the remaining federalized California National Guard troops from Los Angeles to Portland. The Trump Administration has previously argued to the Ninth Circuit that these troops must remain in Los Angeles — an argument directly contradicted by today’s deployment to Portland. In the filing, California joins Oregon’s lawsuit and along with Attorney General Rayfield, requests emergency relief to prevent federalized California National Guard troops from being unlawfully redeployed. 

“The Trump Administration claimed that California National Guard troops were urgently needed to maintain peace in Los Angeles — yet it is sending the entirety of the remaining troops to Oregon without hesitation,” said Attorney General Rob Bonta. “This is a blatant and disrespectful ploy to do an end run around yesterday’s order by a district court blocking the illegal federalization of the Oregon National Guard. Along with Attorney General Rayfield, I’m suing to prevent this latest overreach of executive power. The President cannot use our cities as a training ground for the military — and he certainly cannot use the hardworking members of California’s National Guard as his personal police force.”

“The President’s abuse of law and power to hijack 300 members of our National Guard and take them into a nonexistent conflict is unprecedented,” said Governor Gavin Newsom. “California has been on the forefront of resisting Trump’s authoritarian tirade since day one — and we are taking him to court yet again. With Attorney General Bonta fearlessly leading the charge in the courtroom, the Golden State is speaking truth to power as we fight the federal government’s illegal actions.” 

“These actions are a direct attempt to circumvent the court’s order,” said Attorney General Dan Rayfield. “Yesterday, the court laid out a clear, thoughtful opinion affirming that the President cannot federalize Oregon’s Guard to send troops into our own cities. Less than a day later, he’s continuing his attempts to militarize Portland, this time with members of the California National Guard, under the same law the judge just said doesn’t apply. Not only does Portland not need this interference, but the President is abusing his authority over the California National Guard, because he committed to use their capacity to keep California safe. He can’t be trusted.”

Yesterday, the U.S. District Court for the District of Oregon temporarily blocked President Trump’s unlawful order federalizing the Oregon National Guard and deploying them without basis or justification to Portland. Now, the Trump Administration seeks to circumvent this order by deploying federalized California National Guard troops to Portland — servicemembers who were federalized under that very same 10 U.S.C. § 12406 authority for deployment in Los Angeles. That redeployment is doubly illegal: The underlying federalization order from August violated Section 12406 and the federalization order clearly did not contemplate the use of California troops for completely unrelated activity in Oregon in any event.

In the filings, Attorney General Bonta and Attorney General Rayfield argue that a second temporary restraining order is necessary because:

1. The Trump Administration’s actions are ultra vires and exceed the President’s authority under 10 U.S.C. § 12406.
2. Without a temporary restraining order, Oregon and Portland and California will experience irreparable harm: As California has shown, the unlawful deployment of National Guard troops violates state sovereignty and the police powers reserved to the states under the Tenth Amendment of the U.S. Constitution; harms local economies; undermines public safety; and damages troop morale.  
3. An additional temporary restraining order is necessary to prevent the circumvention of the first temporary restraining order: Less than 24 hours after a district court issued a temporary restraining order, Defendants are deploying federalized Guard members to Portland, defying the court’s conclusion that such deployment was unlawful. 

A copy of the motion for a temporary restraining order is available here. A copy of the amended complaint is available here. 

BACKGROUND 

Attorney General Bonta is committed to holding President Trump and his administration accountable for overreaching their authority under the law and infringing on Californians’ constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration’s unlawful orders to federalize the California National Guard and utilize National Guard troops and the Marines for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.  

In August, the Attorney General’s Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court’s order is temporarily paused while the Ninth Circuit considers the federal government’s motion for a stay.  

Attorney General Bonta has previously supported Oregon Attorney General Dan Rayfield’s and D.C. Attorney General Brian Schwalb’s lawsuits challenging the Trump Administration’s unlawful deployment of National Guard troops to their cities. 

OAKLAND – California Attorney General Rob Bonta today issued a statement on the U.S. Court of Appeals for the First Circuit’s decision affirming the nationwide preliminary injunction granted by the U.S. District Court for the District of Massachusetts in a lawsuit co-led by California, New Jersey, and Massachusetts challenging President Trump’s unconstitutional executive order seeking to end the constitutional right to birthright citizenship.

"Today’s decision upholds a nationwide injunction in our lawsuit challenging the President’s attempt to end, with the stroke of a pen, the constitutional right to birthright citizenship," said Attorney General Bonta. "The First Circuit reaffirmed what we already knew to be true: The President’s attack on birthright citizenship flagrantly defies the Fourteenth Amendment of the U.S. Constitution and a nationwide injunction is the only reasonable way to protect against its catastrophic implications. We are glad that the courts have continued to protect Americans’ fundamental rights. However, the fight does not end here. We will continue to oppose this executive order until the President’s attempt to unmake the Constitution is blocked completely."

In its decision affirming the preliminary injunction, the First Circuit wrote: “The analysis that follows is necessarily lengthy, as we must address the parties' numerous arguments in each of the cases involved. But the length of our analysis should not be mistaken for a sign that the fundamental question that these cases raise about the scope of birthright citizenship is a difficult one. It is not, which may explain why it has been more than a century since a branch of our government has made as concerted an effort as the Executive Branch now makes to deny Americans their birthright.”

A copy of the court’s decision is available here.

OAKLAND — California Attorney General Rob Bonta today announced that following a multistate lawsuit against the U.S. Department of Justice (DOJ), the Trump Administration has now dropped its plan to impose illegal conditions on over $1.3 billion in Victims of Crime Act (VOCA) grants. Earlier this year, the Trump Administration, disregarding the clear letter of the law and intent of Congress, declared that states would be unable to access VOCA funds — used to support victims and survivors of crimes — unless they accede to the Trump Administration’s extreme immigration priorities. These grants are unrelated to federal civil immigration enforcement and are used by states to protect public safety and provide critical resources and services to victims and survivors of crime, including victims of domestic violence. For fiscal year 2025, California is expected to receive over $165 million in grant funds — with no unlawful immigration enforcement conditions placed on them. 

“The Trump Administration is backing down again on it’s illegal efforts to tie crime victim support funding to states’ participation in federal immigration enforcement,” said Attorney General Bonta. “Let me be clear: We will not be bullied into doing the federal government’s bidding, and our communities are not safer when we take resources and support services away from victims of crimes. This is another important victory for California’s communities.”

The Victims of Crime Act (VOCA) was enacted in 1984 by President Ronald Reagan, creating a series of grant programs to enable states to provide critical resources and services to victims and survivors of crime as they try to restore normalcy in their lives: victim and witness advocacy services, emergency shelter, medical, funeral, and burial expenses, crime scene cleanup, sexual assault forensic exams, and much more. These funding streams — totaling more than a billion dollars a year nationwide — have long ensured that states could fulfill their most fundamental duties: to protect public safety and redress harm to their residents. States use these funds to assist nearly 9 million crime victims per year and to provide compensation for more than 200,000 victims’ claims per year. Congress has required the distribution of nearly all VOCA funding to states based on fixed statutory formulas and has repeatedly acted to ensure sufficient funding for crime victims, including after the 9/11 terrorist attacks.

In California, federal VOCA funds and associated state funds are used to support various victim assistance efforts across 35 programs, including through: 

• The California Department of Justice's Victims’ Services Unit (VSU), which provides victim-centered and trauma-informed responses and services to all victims, survivors, and their families. When Californians experience victimization — including sexual assault, robbery, a hate crime, or domestic violence — VSU provides services, supports, and referrals to connect people with resources and services that meet their needs. In fiscal year 2023-24, VSU provided services to 1,285 individuals.
• Victim Witness Assistance Centers at district attorney’s offices in each of California’s 58 counties that provide comprehensive services including crisis intervention support, emergency assistance, court escorts, and direct counseling to victims and witnesses of violent crime. In fiscal year 2023-24, Victim Witness Assistance Centers provided services to over 279,000 individuals.
• The Domestic Violence Assistance Program, which provides funding to 98 non-government organizations throughout California to provide comprehensive support, including emergency shelter, food, and clothing to victims of domestic violence and their children. This program also provides support and establishment of domestic violence services to unserved and underserved populations, including rural areas and geographic areas with limited access to services. In fiscal year 2023-24, subgrantees of the Domestic Violence Assistance Program served 118,695 individuals. 

Attorney General Bonta co-leads this lawsuit with New Jersey Attorney General Matthew J. Platkin, Delaware Attorney General Kathy Jennings, Illinois Attorney General Kwame Raoul, and Rhode Island Attorney General Peter F. Neronha. They are joined by the attorneys general of Connecticut, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Washington, Wisconsin, and the District of Columbia.