In New Filing, Attorney General Bonta and Governor Newsom Ask Court to Block Renewed Federalization and Deployment of California National Guard Troops

On August 5, 2025, the Trump Administration ordered the National Guard to be federalized and deployed for an additional 90 days

OAKLAND - California Attorney General Rob Bonta and Governor Gavin Newsom today asked a court to block the Trump Administration's order federalizing and deploying 300 members of California's National Guard for an additional 90 days and to order the Trump Administration to return control of the California National Guard to Governor Newsom. Long before the 60-day timeframe of the original deployment order had expired, the sporadic episodes of civil unrest that the Trump Administration relied on as shaky justification for the federalization of these troops had abated. They have not since reoccurred. Despite this, on August 5, 2025, the Trump Administration issued a new order to federalize and deploy 300 remaining California National Guard troops. If allowed to stand, this new deployment order would ensure that California's residents will remain under a form of military occupation until November 5 - through Election Day.

"The Trump Administration continues to hold our National Guard servicemembers hostage as part of an unprecedented attempt to militarize American streets," said Attorney General Bonta. "The initial federalization and deployment of these troops was unjustified - their redeployment for an additional 90 days is absurd. We're asking the court to block implementation of this latest order, and we are confident that given the facts - or lack thereof - underpinning this order, the court will agree."

"The timing of Trump's extension of the National Guard soldiers isn't coincidental - he's holding onto soldiers through Election Day. There was never a need and there is not a need now for soldiers to be deployed against their communities," said Governor Newsom. "The federal government hasn't even tried to justify keeping the military in Los Angeles because they can't. The reality is this - they want to continue their intimidation tactics to scare Californians into submission."

Since July 1, 2025, the Trump Administration has drawn down the use of federalized National Guard troops without issue until just 300 troops remained. Yet, without justification, on August 5, 2025, the Trump Administration issued a new order federalizing 300 National Guard troops for an additional 90 days. This order is neither supported by the law nor the facts. The Trump Administration cannot establish - and has not even attempted to establish - that there was an invasion, rebellion, or inability to execute federal law anywhere in California on August 5, 2025.

During their initial deployment, National Guard troops participated in low-risk federal law enforcement operations in Los Angeles and communities over 100 miles away. Far from being deployed in response to threats to federal personnel or property, federal law enforcement officials routinely requested and received the assistance of federalized troops for operations as a "safety measure," even if the military's risk assessment showed that there was not any threat that would require military support. Moreover, these troops were often called on to engage in civilian law enforcement activities, in violation of the Posse Comitatus Act. In the first weeks of their deployment, a Trump Administration official estimated that federalized National Guard troops accompanied federal agents on up to 75% of immigration arrests.

In their motion, Attorney General Bonta and Governor Newsom ask the court to issue a preliminary injunction enjoining implementation of the Trump Administration's August 5 deployment order and returning control of the California National Guard to Governor Newsom.

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. 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, and earlier today, that court granted an injunction permanently enjoining the Trump Administration from engaging in the same or similar activity in the future.

A copy of the motion for a preliminary injunction is available here.