U.S. Senate Committee on Judiciary

09/09/2025 | Press release | Distributed by Public on 09/09/2025 19:03

Durbin, Schiff, Padilla, Senate Democrats File Amicus Brief Fighting Trump's Abuse Of Military Deployments

September 09, 2025

Durbin, Schiff, Padilla, Senate Democrats File Amicus Brief Fighting Trump's Abuse Of Military Deployments

In a brief filed with the Ninth Circuit Court of Appeals, the Senators argue against Trump's use of military in Los Angeles and warn of continued abuse of military in Chicago and other U.S. cities

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, joined U.S. Senators Adam Schiff (D-CA) and Alex Padilla (D-CA) and 16 other Senators in filing an amicus brief with the Ninth Circuit Court of Appeals in the lawsuit brought against President Trump for his ongoing misuse of the U.S. military in Los Angeles that began earlier this year.

Now, the Trump Administration has threatened to deploy the military to Chicago and other U.S. cities, following ramped up immigration raids as part of the so-called "Operation Midway Blitz" that Durbinspoke against.

"Deploying our military to one of our own cities is a scare tactic, a waste of resources, and a constitutional crisis. The President is abusing his role as Commander in Chief and threatening multiple rights guaranteed in our Constitution aimed to protect us from dictatorship. As he threatens to bring his scare tactics to Chicago, the courts must clarify and rule against these abuses that undermine our national security," said Durbin.

The lawsuit came from the State of California after Trump deployed thousands of members of the California National Guard and U.S. Marine Corps to Los Angeles without proper legal justification or approval from state or local officials.

"Donald Trump made his true motives for the deployment of our military in Los Angeles plain - instead of improving safety, he is focused on spectacle; instead of protecting Americans, he is punishing cities and states he believes are against him. Trump's abuse of power is clear, illegal, and unconstitutional - and our arguments to the Court explain why this case must be the line drawn in the sand to prevent further misuse of our servicemembers on the streets of American cities," said Schiff.

"Donald Trump's militarized spectacle in Los Angeles was a blatantly unlawful attempt to distract from his failing political agenda and enact his cruel mass deportation agenda. Trump's deployment of the military to 'blue' cities across America has never been about public safety - it's about retribution and control," said Padilla. "This abuse of power is a threat to much more than just California or immigrant communities: if the Circuit Court allows the President to bypass the Governor of California to federalize the National Guard to suppress peaceful protests forimmigrants' rights, what's to stop him from suppressing other rights across the country? Our arguments to the Court make clear that Trump's unprecedented militarization of Los Angeles should not be used as a playbook for terrorizing other cities across America."

The brief filed by the Senators in Newsom v. Trump warns of the potential for continued abuse of the military should the Court show unwarranted deference to the President.

"Our concern that President Trump will continue to act in bad faith and abuse his power is borne out by his recent deployment of state militias to Washington, D.C. and his stated intent to deploy state militias in other blue' cities," the Senators wrote in the brief.

In addition to Durbin, Schiff, and Padilla, the brief is signed by U.S. Senators Angela Alsobrooks (D-MD), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Tammy Duckworth (D-IL), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Edward Markey (D-MA), Jeff Merkley (D-OR), Bernard Sanders (I-VT), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

The amicus brief can be found here.

Since President Trump began threatening to deploy the military to Chicago and announced the so-called "Operation Midway Blitz" that ramps up immigration raids in Chicago, Durbin condemned the plans that sow fear rather than work with local leaders to address violent crime and spoke against these efforts on the Senate floor. He also joined Illinois Democratic Members of Congress in a letter demanding the President and the Pentagon suspend plans for the deployment of the military. Additionally, Durbin visited the Navy base that the Trump Administration is reportedly using for logistical support to federal officials and deemed on the Senate floor any threats to deploy the military as "dangerous, illegal, and unconstitutional."

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