Governor Newsom files emergency motion to block Trump’s unlawful militarization of Los Angeles

The request was filed as part of the Governor’s lawsuit against President Trump, Defense Secretary Pete Hegseth, and the Department of Defense (DOD), charging violations of the U.S. Constitution and the President’s Title 10 authority, not only because the takeover occurred without the consent or input of the Governor, as federal law requires, but also because it was unwarranted.

The lawsuit was filed as President Trump declared the federalization of  2,000 Cal Guard servicemembers after community members began protesting violent and widespread Immigration and Customs Enforcement (ICE) operations in the Los Angeles region, which began on June 6. ICE began these operations without providing notification to law enforcement and engineered them to provoke community backlash. 

During the course of these operations, ICE officers took actions that inflamed tensions —  including the arrest and detainment of children, community advocates, and people without criminal history —  and conducted military-style operations that sparked panic in the community.  In response, community members began protesting to express opposition to these violent tactics, arrests of innocent people, and the President’s heavy-handed immigration agenda. Protests continued for two more days, and although some violent and illegal incidents were reported — leading to justified arrests by state and local authorities — these protests were largely nonviolent and involved citizens exercising their First Amendment right to protest.  The protests did not necessitate federal intervention, and local and state law enforcement have been able to control of the situation, as in other recent instances of unrest.  Local law enforcement, despite no communication or advanced notice from the federal government, responded quickly and did not request federal assistance.

Illegal militarization 

On June 7, one day after the protests began, President Trump issued a memorandum purporting to authorize the DOD to call up 2,000 National Guard personnel into federal service for a period of 60 days, and declaring a “form of rebellion against the authority of the Government of the United States” and directing the Secretary of Defense to coordinate with state governors and the National Guard to commandeer state militias. 

The action puts state sovereignty in danger, as his order was not specific to California and suggests that the President could assume control of any state militia. 

The U.S. Constitution and the Title 10 authority the President invoked in the memo require that the Governor consent to federalization of the National Guard, which Governor Newsom was not given the opportunity to do prior to their deployment and which he confirmed he had not given shortly after their deployment. The President’s unlawful order infringes on Governor Newsom’s role as Commander-in-Chief of the California National Guard and violates the state’s sovereign right to control and have available its National Guard in the absence of a lawful invocation of federal power.

Additionally, DOD has expanded Cal Guard’s duties, ordering them to assist ICE agents in civilian law enforcement activities — including arresting and detaining immigrants and others who may be suspected or accused of interfering with ICE — a direct violation of the U.S. Constitution and the rights of American citizens. 

Cleaning up Trump’s mess

On Saturday, there were 250+ protesters pre-National Guard deployment. On Sunday, the protesters grew to 3,000+ post-deployment of the National Guard by the federal government. Their presence is inviting and incentivizing demonstrations.

Since President Trump’s impulsive memo and actions to send the military to the Los Angeles region, the state continued to work with local partners to surge 800+ additional state and local law enforcement officers into Los Angeles to clean up President Trump’s mess.  Local and state law enforcement has had to intervene to protect public safety. The National Guard is currently standing sentry outside federal buildings, with local and state law enforcement doing all of the work. The President’s actions have not only caused widespread panic and chaos, but have unnecessarily created an additional diversion of resources as the state tries to calm a community terrorized by this reckless federal action.

The hypocrisy is on full display

In 2020, Trump said he wouldn’t federalize National Guard members without the approval of the state’s Governor first. His own Department of Homeland Security leader said just last year that federalizing the National Guard would be a direct attack on state rights. The federal administration is adding more National Guard soldiers and Marines to an already charged situation when they are unneeded. There are 1,600 soldiers waiting for commands at armories in the area. 

Read more about the lawsuit here.