California sued President Donald Trump Monday, accusing him of illegally seizing control of the California National Guard to suppress protests in Los Angeles — without the governor’s consent.
Gov. Gavin Newsom (D) and Attorney General Rob Bonta (D) filed a federal lawsuit calling Trump’s order to federalize 4,000 Guard troops “unprecedented,” “unlawful,” and a direct violation of both the U.S. Constitution and federal law.
“The Governor of the State of California and the State of California bring this action to protect the State against the illegal actions of the President,” the complaint opens.
Trump activated the troops over the weekend through a presidential memo, claiming ongoing protests against immigration raids had risen to the level of “rebellion.” His order cited a rarely used law — 10 U.S.C. § 12406 — allowing the president to mobilize the National Guard in emergencies.
But California argues that the statute explicitly requires that activation orders “be issued through the governors of the States.”
Trump and Defense Secretary Pete Hegseth “unlawfully bypassed the Governor of California,” the lawsuit alleges.
The plaintiffs firmly reject Trump’s claim that the demonstrations in Los Angeles — sparked in protest of recent ICE raids — meet the legal threshold for rebellion or unrest.
“At no point… has there been a rebellion or an insurrection,” the complaint states. “Primarily peaceful protests with some acts of violence or civil disobedience do not rise to the level of a rebellion.”
The lawsuit also points to Trump’s social media post directing federal agencies “to take all action necessary to liberate Los Angeles from the Migrant Invasion,” suggesting plans to use Guard troops as interior immigration enforcement — despite laws banning such domestic military activity.
California is asking the federal court to block Trump’s federalization order, return command of the Guard to the Governor and declare the president’s action unconstitutional and unlawful.
This is the first time since 1965 that a president has federalized a state’s Guard without a governor’s request.