Attorney General Bonta Leads Multistate Coalition in Support of D.C.’s Challenge to Trump National Guard Takeover

OAKLAND - California Attorney General Rob Bonta today filed an amicus brief in support of D.C. Attorney General Brian Schwalb's lawsuit challenging the Trump Administration's unlawful deployment of National Guard troops to the District of Columbia. Attorney General Bonta and Maryland Attorney General Anthony Brown led a coalition of 22 attorneys general in asserting that the deployment of National Guard troops without the consent of D.C. is unlawful, unconstitutional, and undemocratic. Domestic use of the military has long been recognized as antithetical to American values. While California and D.C. were the first places subjected to unlawful federalized deployments, President Trump has made clear that this is the beginning - not the end - of the military occupation of American cities. In the brief, Attorney General Bonta and the coalition urge the U.S. District Court for the District of Columbia to grant a preliminary injunction and make clear that the Constitution prohibits the use of soldiers as local law enforcement.

"The President continues to use National Guard servicemembers to carry out his own personal political agenda - recklessly tearing down two-and-a-half-centuries of guardrails that have prevented the military from occupying American streets," said Attorney General Bonta. "This is not a President who cares about public safety; instead, President Trump has undermined it at every turn, sending National Guard troops with no training to engage in civilian law enforcement and pulling them away from their work fighting wildfires and engaging in counter-drug enforcement at the border. I am proud to stand with 22 attorneys general in support of D.C.'s lawsuit, as my office continues to fight the unlawful federalization and deployment of military troops in California."

The experience of California, as the first state to experience President Trump's deployment of the National Guard without its Governor's consent, serves as a warning of the harm caused by a continuous military presence in a state. For more than three months, federalized California National Guard troops have been deployed in California's communities. During this time, the troops' presence has stoked fear among Californians, causing the public to stay home, fail to report for work, and avoid areas where the military is deployed. The use of federalized National Guard troops has damaged trust between local law enforcement and the community, as troops have been tasked with civilian law enforcement and were widely present during immigration raids in the first few weeks of their deployment. These troops were diverted away from essential state functions, like fighting wildfires. In June 2025, the majority of California's Guard's specialized fire crews were diverted from their wildfire-fighting task force in the midst of peak fire season and instead deployed into the streets of Los Angeles.

With California's recent experience as a lesson, Attorney General Bonta and the coalition argue that:

• Using the military for local law enforcement, as the President has done in the D.C., upsets the careful balance between civilian and military authority set forth in the Constitution.
• The deployment of National Guard troops infringes on the police powers reserved to States and localities. The Constitution establishes a federal government of limited, enumerated powers - general police power is not among them.
• National Guard troops are not prepared to engage in civilian law enforcement, lacking training in criminal procedure, civil rights, criminal investigation, and de-escalation. This introduces complications and dangers to both the public and the troops engaging with them.
• States need the National Guard to be available for vital natural disaster and security functions.

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.

Attorneys General Bonta and Brown lead the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin in filing the brief.

A copy of the amicus brief is available here.