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Oct 31, 2025

As Trump continues illegally federalizing the National Guard, California doubles down on challenge

What you need to know: Governor Newsom and Attorney General Bonta are challenging the federalization and deployment of the National Guard, and asking a court to return the federalized California National Guard to the command and control of the Governor.

SACRAMENTO – Today, Governor Gavin Newsom and Attorney General Rob Bonta asked a federal judge to lift the stay on proceedings on California's challenge to the President's federalization and deployment of the National Guard through February 2026.

The brief urges the judge to order the return of the federalized California National Guard to the command and control of the Governor.

President Trump turned the National Guard against the communities they swore to serve. This is unlawful and immoral. Under state direction, California National Guard members have always been deployed in support of our communities – acting as surge medical staff in crises, helping with wildfire management, supporting fentanyl interdiction, and now, as the President withholds food stamps from hungry families, the Guard is distributing food to those in need. The National Guard deserves better than being treated like Trump's toy soldiers – and when they're returned to California command, we'll get them back to doing the real work they signed up to do.

Governor Gavin Newsom

"The Trump Administration believes it can keep California's National Guard federalized and deployed wherever, forever, and for any purpose—no further justification necessary," said Attorney General Bonta. "That is simply not true, and we're asking the court to issue a ruling that says as much without delay. The Ninth Circuit's recent order made clear that this remains a live issue, and we are confident that when we make our case, we will prevail."

Since the court stayed proceedings in September, President Donald Trump has multiplied and expanded on his federalization of the National Guard, deploying the Guard to both Oregon and Illinois — using the California National Guard to invade other states. There was no reason for the National Guard to be deployed to Los Angeles, and with over 100 federalized California National Guard members still in Los Angeles, there remains no reason for them to be there. This unlawful federalization has taken California National Guard members away from critical missions, including wildfire preparedness and fire management, drug interdiction, and now supporting food banks across the state due to Trump's shutdown and unwillingness to use contingency funds to keep the federally funded SNAP/CalFresh program running in November.

The governors of California, Oregon, and Illinois did not direct, ask for, or want the National Guard to be deployed in or to their states.

How we got here

On June 7, for the first time in our country's history, the President invoked 10 U.S.C. § 12406 to federalize a state's National Guard over the objections of California.

President Trump and Department of Defense Secretary Hegseth transferred 4,000 members of California's National Guard—one in three of the Guard's total active members—to federal control to serve in a civilian law enforcement role on the streets of Los Angeles and other communities in Southern California.

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California brought a suit to challenge that unprecedented action. The litigation is ongoing.

Following a bench trial, a federal judge ruled in August 2025 that President Trump's deployment of the California National Guard in Los Angeles violated the Posse Comitatus Act. This law restricts the military's involvement in domestic law enforcement and was central to a lawsuit filed by Governor Gavin Newsom and the state of California against the Trump administration regarding the federalization and deployment of these troops. That ruling is on hold pending the federal government's appeal.

Governor Newsom warned that although California was the first to be targeted in this way, we would not be the last.

• Washington, DC: In August, the President deployed federal law enforcement and more than 2,200 National Guard soldiers – roughly 1,300 of whom are from out of state – to Washington, DC. DC's attorney general has requested that a judge order the removal of the roughly 2,000 troops from DC's streets.
• Illinois: In October 2025, a federal district court issued a temporary restraining order to block the deployment of federalized troops, including the Texas National Guard, to Chicago. This action followed a lawsuit filed by state and city leaders against the Trump administration to prevent such a deployment. While a federal appeals court later permitted the troops to remain federalized and mustered, it upheld the prohibition against their deployment within Illinois. The Trump administration has since asked the Supreme Court to intervene. California filed an amicus brief in the United States Supreme Court in support of Illinois' position in Trump v. Illinois.
• Oregon: A federal lawsuit was filed by Oregon and Portland, and later joined by California, to block the deployment of National Guard troops to Portland. A district court judge initially blocked the federalization and deployment in early October 2025, but the U.S. Court of Appeals for the 9th Circuit later "stayed" that restraining order to the extent it would de-federalize the Guard troops. The order blocking deployment of Guard troops in Oregon remains in effect for now.  Litigation is ongoing in that case.

What the National Guard could be doing – and is doing under state direction

California National Guard service members regularly provide support to state civilian authorities, including for Governor-directed missions to support wildfire preparedness and response, tackle deadly drug trafficking, and surge medical capacity during the global COVID-19 pandemic.

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Last week, Governor Newsom deployed the California National Guard on a humanitarian mission to work behind-the-scenes supporting food banks across the state that request their assistance. This comes as SNAP benefits are delayed for 5.5 million Californians with the Trump Administration and Republicans due to Congress's failure to end the government shutdown.

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