California to Sue Trump for ‘Illegal' National Guard Mobilization

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2 days ago

California Governor Gavin Newsom speaks during a news conference at Gemperle Orchard in Ceres on April 16, 2025. Credit - Justin Sullivan—Getty Images
Governor Gavin Newsom of California announced that his state plans to file a lawsuit early Monday against Donald Trump for mobilizing the National Guard over the weekend to quell immigration-related protests in Los Angeles.
As news broadcasts and social media have proliferated with scenes of violence and mayhem on the streets of southern California, Newsom alleged in an interview with MSNBC on Sunday evening that it is the U.S. President who 'created the conditions you see on your TV tonight.'
Newsom condemned the violence, calling it 'unacceptable' and 'wrong.' He added that there were 'a lot of great people out there, doing the right thing,' but that 'insurgent groups' and 'anarchists' were infiltrating the demonstrations 'to create real problems.'
'They're just playing right into Donald Trump's hand. And they need to be called out and they need to be arrested,' Newsom said of the bad actors. 'They're doing more than damage to buildings and to property. They're potentially damaging the very foundation of our republic. Democracy is in the balance.'
When asked if he supports the peaceful protesters, Newsom responded emphatically: 'Of course I support them. Protest is the foundation of this democracy. It's what makes this country great. And that needs to persist. And right now people need to come out. But we need to be mindful of the toxicity of this moment, and then we have to deal with these elements that are coming in that are intentionally trying to take advantage of this in a way that only aids and abets Donald Trump.' Newsom added that his priority is to keep peaceful protesters as well as 'those that are enforcing the laws in a respectful and responsible way' safe.
Newsom, whose second and final term as Governor ends in 2027 and who is speculated to be a 2028 Democratic presidential contender, repeatedly focused his blame for the escalation of the situation in California on Trump: 'He's exacerbated the conditions. He's lit the proverbial match. He's putting fuel on this fire,' Newsom said, calling the mobilization of the National Guard 'an illegal act, an immoral act, an unconstitutional act.'
'Donald Trump needs to pull back. He needs to stand down. Donald Trump is inflaming these conditions. This is Donald Trump's problem right now, and if he can't solve it, we will.'
Here's what to know.
Mass protests and demonstrations have taken place across Los Angeles county since Friday in response to Immigration and Customs Enforcement (ICE) raids targeting undocumented residents and laborers. While local officials, including Los Angeles Mayor Karen Bass and the city council, sided with peaceful protesters in opposition to the immigration enforcement actions, demonstrations grew increasingly violent, as clashes intensified between some demonstrators and law enforcement officials.
Rocks and molotov cocktails have been thrown; police vehicles and self-driving Waymo cars have been vandalized; and authorities have used tear gas, 'flash bang' grenades, and rubber bullets to attempt crowd control, according to reports.
'Everyone has the right to peacefully protest, but let me be clear: violence and destruction are unacceptable, and those responsible will be held accountable,' Bass said in a post on X on Saturday.
In a White House memorandum on Saturday, Trump said the anti-ICE protests 'constitute a form of rebellion' against the U.S. and ordered Defense Secretary Pete Hegseth to deploy 2,000 National Guard personnel in response. In a post on X, Hegseth said the National Guard would be mobilized 'IMMEDIATELY.' Hegseth added that 'if violence continues, active duty Marines at Camp Pendleton will also be mobilized—they are on high alert.'
To mobilize the National Guard, Trump invoked Title 10, Section 12406 of the U.S. Code, which allows for the federalization of the National Guard in cases of an invasion or a rebellion, or if the President is unable to execute the country's laws with 'regular forces.'
Section 12406, however, also states that 'Orders for these purposes shall be issued through the governors of the States.' Newsom confirmed that he did not request the deployment of the National Guard, making it the first time since 1965 that the National Guard has been activated to a state without a governor's request.
In an open letter to Hegseth, Newsom's office called the mobilization 'a serious breach of state sovereignty' and requested that the Pentagon chief 'immediately rescind' the order and 'return the National Guard to its rightful control by the State of California, to be deployed as appropriate when necessary.' The Democratic Governors Association backed Newsom in a statement, saying: 'It's important we respect the executive authority of our country's governors to manage their National Guards.'
Moreover, an 1878 law, the Posse Comitatus Act, limits federal military personnel from being used for civilian law enforcement within the U.S., which means in Los Angeles the National Guard forces mobilized by Trump can protect federal agents, such as ICE officials, and federal properties, such as detention centers, but they cannot arrest protesters.
The Posse Comitatus Act 'prohibits troops from being used domestically unless the Insurrection Act is invoked,' constitutional scholar and dean of UC Berkeley Law School Erwin Chemerinsky tells TIME, 'and the President has not done that.'
According to Reuters, Trump still could invoke the Insurrection Act, but doing so would enter 'riskier legal territory.'
The last time the Insurrection Act was invoked was when President George H.W. Bush mobilized the National Guard to quell riots in Los Angeles following the acquittal of the police officers involved in the beating of Rodney King. But a key difference between 1992 and now is that then-Governor of California Pete Wilson had requested federal assistance.
Calling in troops to suppress protests has also raised First Amendment concerns. The American Civil Liberties Union said in a statement on Saturday that it also plans to file a lawsuit against the Trump Administration, calling the mobilization of the National Guard an 'abuse of power.'
Earlier on Sunday, Trump's 'border czar' Tom Homan, who has previously threatened arrest for anyone who obstructs immigration enforcement, told MSNBC that he would not rule that out even for officials like Newsom and Bass.
'I'll say it about anybody,' Homan said. 'It's a felony to impede law enforcement doing their job.'
'Governor Newsom is an embarrassment to the state,' Homan added. 'Criminal aliens are walking the streets of this state every day because of him and his policies.'
In his interview hours later with MSNBC, Newsom responded, saying: 'That kind of bloviating is exhausting.'
Newsom challenged Homan to arrest him but to 'lay your hands off' law-abiding, tax-paying undocumented residents. 'He's a tough guy. Why doesn't he do that? He knows where to find me,' he said. 'Come after me. Arrest me. Let's just get it over with, tough guy. I don't give a damn. But I care about my community. I care about this community.'
Newsom criticized the Trump Administration for targeting non-criminal undocumented residents for immigration enforcement and pushed back on the accusation that California does not cooperate with the federal government. 'I have no problem with going after criminals. We coordinate and collaborate with ICE,' Newsom said, pointing to the state handing over more than 10,000 inmates to ICE since he took office in 2019. 'When these guys say we don't go after criminals, again, they're lying, and they're knowingly lying.'
When asked if Trump could be putting the spotlight on Los Angeles to take attention away from his recent fallout with Elon Musk, Newsom said 'of course,' also citing Trump's struggles to pass the massive tax and spending package known as the One Big Beautiful Bill Act in Congress as well as ongoing challenges related to Trump's global trade war.
'He's the master of distraction. He's the commander of chaos. That's what Donald Trump does,' said Newsom.
Newsom claimed that Trump used 'the guise of immigration' to create a 'manufactured crisis' in order to challenge the Posse Comitatus Act.
'This is about authoritarian tendencies. This is about command and control. This is about power. This is about ego,' said Newsom. 'This is a consistent pattern of practice of recklessness. This guy has abandoned the great principles of this great democracy. He's threatening to go after judges he disagrees with, cut off funding to institutions of higher learning, he's on a cultural binge, he's rewriting history, censoring historical facts. This is something completely different, and this is part of that ongoing play that is unfolding in front of our eyes.'
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