Federal Accountability

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.

OAKLAND — California Attorney General Rob Bonta today, as part of a multistate coalition, filed a lawsuit challenging the U.S. Department of Justice’s (U.S. DOJ) new condition prohibiting recipients of various public safety and victim services grants from using funding to provide legal services to undocumented immigrants. Many of the organizations that receive these funds provide critical wraparound services to victims of domestic violence, sexual assault, child abuse, human trafficking, and elder abuse — services that could be described as “legal” under U.S. DOJ’s vague definition — irrespective of an individual’s immigration status. This new condition, which also requires state agencies to certify to their subgrantees compliance, puts at risk at least $94 million in current funding to California and potentially hundreds of millions of dollars in future funding. In the lawsuit, Attorney General Bonta and the coalition argue that this new condition violates the Spending Clause, is arbitrary and capricious, and is contrary to law, and as such, should be declared unlawful and set aside.   

“The Trump Administration continues to push forward policies that make our communities less safe,” said Attorney General Bonta. “U.S. DOJ’s vague new condition would force organizations to upend their services knowing they still could very well fail to meet U.S. DOJ’s impossible demands and end up in the Trump Administration’s crosshairs. I wish President Trump would stop creating problems where there are none — and focus his energy on policies that actually reduce crime and protect public safety. I’m grateful to the dozens of organizations and program across California that use this funding to provide legal services and support to victims of crime, and in doing so, also help bring the perpetrators of those crimes to justice.”

In July 2025, the Office for Victims of Crime, an agency housed within U.S. DOJ and charged with administering Victims of Crimes Act (VOCA) grants, declared that states would be unable to access VOCA funds unless they agree to broadly support and assist the U.S. Department of Homeland Security’s federal immigration enforcement activities. 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. The next month, Attorney General Bonta joined a multistate coalition in challenging the Trump Administration’s attempt to unlawfully impose these immigration enforcement requirements.

After the multistate coalition filed that lawsuit, U.S. DOJ announced that it was imposing an “Unallowable Costs” restriction across multiple grants, including VOCA and Violence Against Women Act (VAWA) funding, stating that award funds could not be used to support or provide legal services to any “removable alien or any alien otherwise unlawfully present in the United States,” with some limited exceptions.  

In 2024, California subgrantees used victim assistance funds to serve nearly 1 million Californians, including supporting more than 100,000 victims and families on various civil legal matters. Among other things, this funding supports crisis intervention, counseling and advocacy, emergency shelter, and transitional housing assistance. It also supports law enforcement initiatives such as training officers on trauma-informed and victim-centered responses; developing specialized domestic violence or sexual assault units; and improving evidence collection in sexual assault and domestic violence cases.

The “legal” support provided by VOCA and VAWA funding includes helping individuals file police reports and protective orders; applying for victim compensation and assisting with divorce or other parental visitation issues; asserting employment rights, providing debt relief, and addressing identity theft; accompanying victims to emergency medical care, forensic exams, and law enforcement interviews; and providing advice on obtaining housing, counseling, and emergency financial assistance. 

In the lawsuit filed today in the U.S. District Court for the District of Rhode Island, Attorney General Bonta and the coalition assert that the “Unallowable Costs” condition:

• Violates the Spending Clause of the U.S. Constitution: The condition applies to existing grants, meaning the states had no opportunity to consider the condition before accepting their award. Moreover, the condition ambiguously restricts “legal services” without specifying the types of services that are subject to its restriction, leaving the state and their subgrantees to guess at which services are covered and will require them to implement onerous processes for verifying the immigration statuses of all clients before services can be offered.
• Is “Arbitrary and Capricious” in Violation of the Administrative Procedure Act: The Trump Administration has offered no explanation for the new condition — let alone a reasonable and well-reasoned one.
• Is “Contrary to Law” in Violation of the Administrative Procedure Act: The condition is in direct conflict with governing regulations providing that eligibility for services “is not dependent on the victim’s immigration status.”

Attorney General Bonta joins the attorneys general of New York, Colorado, Illinois, Rhode Island, Arizona, Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, Washington, Wisconsin, and the District of Columbia in filing the lawsuit.  

A copy of the lawsuit is available here. 

Funding is vital for California’s efforts to prevent, prepare for, protect against, and respond to acts of terrorism and other emergencies 

OAKLAND – California Attorney General Rob Bonta today secured a temporary restraining order blocking the Federal Emergency Management Agency (FEMA) from reallocating vital homeland security funding away from California and other states — and toward states with policies with which the Trump Administration agrees. Yesterday, Attorney General Bonta and a coalition sued the Trump Administration after their states received award notifications over the weekend that were significantly lower than anticipated — without justification and seemingly based on their states’ decision to use their law enforcement resources to protect public safety rather than assist in federal immigration enforcement.

“Over and over, the courts have stopped the Trump Administration’s illegal efforts to tie unrelated grant funding to state policies,” said Attorney General Bonta. “It’s a little thing called state sovereignty, but given the President’s propensity to violate the Constitution, it’s unsurprising that he’s unfamiliar with it. California uses the grant funding at stake in our lawsuit to protect the safety of our communities from acts of terrorism and other disasters — meaning the stakes are quite literally life and death. This is not something to play politics with. I’m grateful to the court for seeing the urgency of this dangerous diversion of homeland security funding.”

On January 20, 2025, President Trump directed DHS to “ensure that so-called ‘sanctuary’ jurisdictions do not receive access to Federal funds” ignoring the fact that multiple courts have upheld laws like California’s SB 54 as constitutional and consistent with federal immigration law and firmly rebuking the Trump Administration’s attempts to condition federal funds on assistance with immigration enforcement. Just last week, the U.S. District Court for the District of Rhode Island issued a permanent injunction in California’s lawsuit blocking the Trump Administration’s effort to unlawfully impose immigration enforcement requirements on billions of dollars in annual DHS grants. Yet, DHS and FEMA remain undeterred from continuing to attempt to carry out the President’s directive. 

On Saturday, September 27, FEMA issued award notifications for its single largest grant program — the Homeland Security Grant Program. Consistent with federal law, FEMA had previously issued notices of funding opportunity preliminarily allocating the funding among state recipients based on each jurisdiction’s “relative threat, vulnerability, and consequences from acts of terrorism.” According to that notice, California could expect to receive approximately $165 million in grant funding. However, when California received the grant notification, the award was only $110 million, reflecting a 33% reduction. While California and the coalition are still gathering information, a defining factor of whether a state received an increase or decrease from anticipated funding appears to be whether a state was a so-called “sanctuary” jurisdiction or not. In short, the current Administration appears to be taking money from its perceived “enemies” and reallocating it to its “friends” — in violation of the Administrative Procedure Act and the U.S. Constitution.    

A copy of the court's order is available here. 

Trump Administration continues attack on state rights, putting public safety at risk 

OAKLAND – California Attorney General Rob Bonta today, as part of a multistate coalition, sought emergency relief from the U.S. District Court for the District Court of Rhode Island to stop the unlawful reallocation of hundreds of millions of dollars in Federal Emergency Management Agency (FEMA) Homeland Security Grant Program funding away from states like California. For decades, California has relied on this funding to prevent, protect against, respond to, and recover from terrorism and other catastrophes. And across each presidential administration, this funding had been allocated even-handedly and on the basis of need and risk. On Saturday, however, California and other states received award notifications that were significantly lower than anticipated — without justification and seemingly based on their states’ decision to use their law enforcement resources to protect public safety rather than assist in federal immigration enforcement. In filing the lawsuit, Attorney General Bonta and the coalition assert that this reallocation exceeds FEMA’s statutory authority, is arbitrary and capricious, and violates the U.S. Constitution. 

“The Trump Administration is setting a record as one of the most anti-law enforcement, anti-public safety administrations in America’s history,” said Attorney General Bonta. “Tell me, how does defunding California’s efforts to protect against terrorism make our communities safer? President Trump doesn’t like that we won’t be bullied into doing his bidding, ignoring our sovereign right to make decisions about how our law enforcement resources are best used to protect our communities. We secured a permanent injunction last week blocking the Trump Administration’s illegal efforts to condition this funding, and today, we’re seeking emergency relief to keep them from unlawfully diverting Congressionally-appropriated homeland security funding away from our state without justification and apparently because they don’t like our commitment to public safety. Unlike this President, I will always step up and defend California’s safety.” 

The Trump Administration seeks to reduce California’s funding for two Homeland Security Grant Programs. The State Homeland Security Program assists state, local, and tribal efforts in building, sustaining, and delivering capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. The Urban Area Security Initiative assists high-threat, high-density urban areas in addressing terrorism threats. Specifically, these program grants enhance cybersecurity, support infrastructure security enhancements, and fund trainings and exercises designed to test and improve emergency preparedness and terrorism prevention. These funds are also utilized to procure specialized equipment including detection systems for chemical and biological agents, specialized response vehicles, personal protective equipment for first responders, security cameras, and warning systems, among other uses. Congress created these federal grant programs and appropriates billions of dollars each year to ensure they are fully funded to meet the nation’s needs. And for decades, the U.S. Department of Homeland Security (DHS) and its sub-agency, FEMA have operated these programs evenhandedly — until the Trump Administration. 

On January 20, 2025, his first day in office, President Trump directed DHS to “ensure that so-called ‘sanctuary’ jurisdictions do not receive access to Federal funds.” The President deemed certain states and jurisdictions in “lawless insurrection,” despite the fact that courts have upheld laws like California’s SB 54 as constitutional and consistent with federal immigration law and firmly rebuked the Trump Administration’s attempts to condition federal funds on assistance with immigration enforcement. Just last week, the U.S. District Court for the District of Rhode Island issued a permanent injunction in California’s lawsuit blocking the Trump Administration’s effort to unlawfully impose immigration enforcement requirements on billions of dollars in annual DHS grants. Yet, DHS and FEMA remain undeterred from continuing to attempt to carry out the President’s directive. 

On Saturday, September 27, FEMA issued award notifications for its single largest grant program — the Homeland Security Grant Program, which totals approximately $1 billion in funds annually. Consistent with federal law, FEMA has previously issued notices of funding opportunity preliminarily allocating the funding among state recipients based on each jurisdiction’s “relative threat, vulnerability, and consequences from acts of terrorism.” According to that notice, California could expect to receive approximately $165 million in grant funding. However, when California received the grant notification, the award was only $110 million, reflecting a 33% reduction. Some states saw even sharper cuts: Illinois received a 69% reduction in funding, and New York received a 79% reduction. At the same time, many other states saw increases to their allocation upwards of 100%. While the states are still gathering information, a defining factor appears to be whether a state was a so-called “sanctuary” jurisdiction or not. In short, the current Administration appears to be taking money from its perceived “enemies” and reallocating it to its “friends.”  

In their lawsuit, Attorney General Bonta and the coalition argue that the reallocation of this grant funding is unlawful and should be vacated and set aside. The Homeland Security Act requires DHS and FEMA to allocate Homeland Security Grant Programs funds using objective, risk-based criteria. Instead, the reallocation appears to rest on another factor: California and other states’ domestic policies about how to best utilize their domestic law-enforcement resources. The reallocation also is arbitrary and capricious in violation of the Administrative Procedure Act, withdrawing hundreds of millions of dollars from states like California with no explanation and based on factors Congress did not intend DHS to consider. Finally, the reallocation violates the Constitution, by baselessly treating California differently from other states. 

In their motion for a temporary restraining order, Attorney General Bonta and the coalition ask the court for immediate, emergency relief requiring FEMA to rescind the award notifications and blocking FEMA from disbursing funding that would then potentially be unavailable to California and other states if they are successful in the litigation.

Attorney General Bonta joins the attorneys general of Illinois, New Jersey, Rhode Island, Connecticut, Delaware, the District of Columbia, Massachusetts, Minnesota, New York, Vermont, and Washington in filing the lawsuit and motion for emergency relief. 

A copy of the lawsuit is available here. 

OAKLAND – California Attorney General Rob Bonta today secured a permanent injunction from the U.S. District Court for the District of Rhode Island blocking the Trump Administration’s effort to unlawfully impose immigration enforcement requirements on billions of dollars in annual U.S. Department of Homeland Security (DHS) grants. In issuing a permanent injunction, the Court found that the Trump Administration’s attempt to impose this new set of conditions across a range of grant programs was arbitrary and capricious, exceeded the Trump Administration’s legal authority, and violated the Spending Clause of the U.S. Constitution. 

“Today, a court definitively rebuked the Trump Administration’s illegal efforts to withhold critical public safety funding from states that refuse to carry out his mass deportation agenda,” said Attorney General Bonta. “This permanent injunction is a huge win in our case that will protect funding for our communities to defend against terrorist attacks and prepare for emergencies. This is a good day for the rule of law and public safety.” 

California receives funding from DHS to prepare for, protect against, respond to, and recover from terrorist attacks and other catastrophes. This includes counterterrorism grants, grants that allow states to prepare for terrorism in high-concentration urban areas, emergency preparedness grants, cybersecurity grants, and many others that are similarly not connected to civil immigration enforcement. State and local law enforcement already work closely with federal agencies on the counterterrorism measures that these grants fund.  

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