California asks court for restraining order to block Guard, Marine deployments in L.A.

Yahoo

3 days ago

California on Tuesday asked a federal court for a temporary restraining order blocking the Trump administration's deployment of both state National Guard forces and U.S. Marines to Los Angeles amid mass protests over sweeping federal immigration enforcement efforts.
The request was filed in the same federal lawsuit the state and California Gov. Gavin Newsom filed Monday, in which they alleged Trump had exceeded his authority and violated the U.S. Constitution by sending military forces into an American city without the request or approval of the state governor or local officials.
California Atty. Gen. Rob Bonta, whose office is handling the litigation on behalf of both Newsom and the state, said the restraining order was necessary to bring an immediate stop to the deployments, which local officials have contended are not needed and only adding to tensions sparked by sweeping immigration detentions and arrests in communities with large immigrant communities.
"The President is looking for any pretense to place military forces on American streets to intimidate and quiet those who disagree with him," Bonta said in a statement Tuesday. "It's not just immoral — it's illegal and dangerous."
Newsom, in his own statement, echoed Bonta, saying the federal government "is now turning the military against American citizens."
"Sending trained warfighters onto the streets is unprecedented and threatens the very core of our democracy," Newsom said. "Donald Trump is behaving like a tyrant, not a President."
The state's request Tuesday asked for the restraining order to be granted by 1 p.m. Tuesday "to prevent immediate and irreparable harm" to the state.
Absent such relief, the Trump administration's "use of the military and the federalized National Guard to patrol communities or otherwise engage in general law enforcement activities creates imminent harm to State Sovereignty, deprives the State of vital resources, escalates tensions and promotes (rather than quells) civil unrest," the state contended.
The request specifically notes that the use of military forces such as Marines to conduct domestic policing tasks is unlawful, and that Trump administration officials have stated that is how the Marines being deployed to Los Angeles may be used.
"The Marine Corps' deployment for law enforcement purposes is likewise unlawful. For more than a century, the Posse Comitatus Act has expressly prohibited the use of the active duty armed forces and federalized national guard for civilian law enforcement," the state's request states. "And the President and Secretary Hegseth have made clear—publicly and privately—that the Marines are not in Los Angeles to stand outside a federal building."
At Trump's direction, Defense Secretary Pete Hegseth mobilized nearly 2,000 members of the state's National Guard on Saturday after Trump said L.A. was descending into chaos and federal agents were in danger, then mobilized another 2,000 members on Monday. The Pentagon approved the deployment of 700 U.S. Marines from the base in Twentynine Palms to the city Monday, with the stated mission of protecting federal buildings and agents.
Hegseth said the deployments would last 60 days, and the acting Pentagon budget chief said the cost would be at least $134 million. He told members of the House appropriations defense subcommittee that the length of the deployments was intended to "ensure that those rioters, looters and thugs on the other side assaulting our police officers know that we're not going anywhere."
Local officials have decried acts of violence, property damage and burglaries that have occurred in tandem with the protests, but have also said that Trump administration officials have blown the problems out of proportion and that there is no need for federal forces in the city.
Read more: All of L.A. is not a 'war zone.' We separate facts from spin and disinformation amid immigration raids
Constitutional scholars and some members of Congress have also questioned the domestic deployment of military forces, especially without the buy-in of local and state officials — calling it a tactic of dictators and authoritarian regimes.
L.A. Mayor Karen Bass questioned what Marines would do on the ground, while Police Chief Jim McDonnell said the arrival of military forces in the city without "clear coordination" with local law enforcement "presents a significant logistical and operational challenge for those of us tasked with safeguarding this city."
Bonta had said Monday that the 10th Amendment to the U.S. Constitution limits federal power around such deployments, that the deployment of National Guard forces to quell protests without Newsom's consent was "unlawful" and "unprecedented," and that the deployment of Marines would be "similarly unlawful."
On Tuesday, he said the state was asking the court to "immediately block the Trump Administration from ordering the military or federalized national guard from patrolling our communities or otherwise engaging in general law enforcement activities beyond federal property."
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This story originally appeared in Los Angeles Times.