Attorney General Bonta Secures Permanent Injunction Blocking Unlawful Deployment of California National Guard to Portland

Trump-appointed judge issues final ruling declaring Trump Administration's federalization and deployment of National Guard troops in Oregon unlawful

OAKLAND - California Attorney General Rob Bonta today 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. Today's decision by the U.S. District Court for the District of Oregon finds in their favor, blocking the Trump Administration from deploying troops from Oregon, California, Texas, or other states to Portland.

"Today's decision is a win for the rule of law, for the constitutional values that govern our democracy, and for the American people," said Attorney General Bonta. "Once again, a court has firmly rejected the President's militarized vision for America's future. I am grateful for the partnership of my friend and colleague Oregon Attorney General Dan Rayfield and the attorneys on my team who expertly cross-examined witnesses and argued this case in court. We must not become desensitized to the unprecedented and blatantly illegal nature of the President's actions. This case is just one part of a broader effort by the President to trample on state sovereignty and reshape the American presidency. We celebrate this victory with eyes wide open and firm resolve to see this fight through to the end."

Last month, Attorney General Bonta joined Attorney General 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. Over the course of a three-day trial this week, California, Oregon, and Portland showed - and the District Court today affirmed - that this deployment was unlawful, finding:

• "[A]fter a three-day trial that included the testimony of federal, state, and local law enforcement officials and hundreds of exhibits describing protest activity outside the Portland ICE building, the evidence demonstrates that these deployments, which were objected to by Oregon's governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the President's authority." (p. 2)
• "After analyzing these statutory provisions, as applied to the facts in this case, this Court arrives at the necessary conclusion that there was neither "a rebellion or danger of a rebellion" nor was the President "unable with the regular forces to execute the laws of the United States" in Oregon when he ordered the federalization and deployment of the National Guard." (p. 3)
• "[California] Guardsmen cannot proceed to enforce other laws in other states that have no connection to their initial federalization." (p. 86)
• "This Court is deeply troubled by Defendants' continued deployment of Oregon National Guardsmen at the Portland ICE facility in violation of the First TRO" and is retaining jurisdiction for potential contempt proceedings." (p. 9)
• "Defendants ignore the nature of the calling forth power. It is not simply another tool in the executive's federal law enforcement toolbox that he may pull out at any time to "take Care that the Laws be faithfully executed." U.S. Const. art. II, § 3. It is the wielding of an entirely different kind of power, the military power, of which the Founders "always asserted and enforced the subordination . . . to the civil arm." Ex parte Milligan, 71 U.S. at 37." (p. 80)
• "Such a scenario of sending the National Guard as a response to commonplace crimes was precisely what the Founders feared would be misread in the Militia Clauses' "to execute the Laws of the Union."" (p. 85)
• "Based on the facts on the ground outside the Portland ICE building throughout the relevant time period between the outbreak of protests in June and the President's federalization order on September 27, 2025, this Court holds that the President did not have a colorable basis to invoke Section 12406(2) when he ordered the federalization of the Oregon National Guard." (p. 99)

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.

• Suing Over 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.

• Challenging Ongoing Federalization and Deployment: Last Friday, Attorney General Bonta asked the District Court to restart proceedings and block the ongoing, unnecessary, and baseless federalization and deployment of the California National Guard in Los Angeles through February 2026. He argues that 10 U.S.C. § 12406 does not authorize the sort of broad-ranging, never-ending federalization and military occupation of American cities that the Trump Administration is perpetrating. On Tuesday, the Court agreed to resume consideration of the case.

A copy of the court's decision can be found here.