Attorney General Bonta Continues Support for States Challenging Trump’s Militarization of American 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.