Order returns command of remaining California National Guard troops in Los Angeles back to Governor
OAKLAND — California Attorney General Rob Bonta today secured a decision by the U.S. District Court for the Northern District of California ending the continued federalization and deployment of California National Guard troops in and around Los Angeles. After using isolated incidents of violence in June as a pretext to federalize the California National Guard, the Trump Administration implemented a months-long military occupation of the Los Angeles area, without any justification, and with no apparent end in sight. In an order today granting a preliminary injunction, the District Court said, “The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one.” The District Court stayed its order until December 15, 2025.
“Once again, a court has firmly rejected the President’s attempt to make the National Guard a traveling national police force,” said Attorney General Bonta. “For more than five months, the Trump Administration has held California National Guard troops hostage as part of its political games. But the President is not king. And he cannot federalize the National Guard whenever, wherever, and for however long he wants, without justification. This is a good day for our democracy and the strength of the rule of law.”
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 their efforts to transform America into a military state and National Guard troops into the President’s personal police force.
- Initial Federalization of California National Guard: 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 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.
- Posse Comitatus Act Violations: 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.
- Deployment of California National Guard Troops to Oregon: In October, Attorney General Bonta secured a final ruling blocking the unlawful deployment of California National Guard troops to Portland, Oregon over the objections of both states’ governors. Over the course of a three day trial, attorneys for the California Department of Justice, Oregon Department of Justice, and Portland City Attorney’s Office presented evidence and argued in court that the federalization and deployment of the Oregon National Guard and the cross-state deployment of the California National Guard to Portland was beyond the authority of the federal government and violates the Tenth Amendment of the U.S. Constitution.
- Supporting Other States’ Cases: 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. Most recently, Attorney General Bonta filed an amicus brief in the U.S. Supreme Court in Trump v. Illinois in support of Illinois’s lawsuit challenging the federalization and deployment of the Illinois National Guard to Chicago.