Attorney General Bonta Seeks Emergency Court Order Blocking Trump’s Redeployment of California National Guard Troops to Portland

OAKLAND - California Attorney General Rob Bonta today joined Oregon Attorney General Dan Rayfield in asking the U.S. District Court for the District of Oregon to block the Trump Administration's deployment of 300 federalized California National Guard troops to Portland, Oregon. Yesterday, the District Court enjoined the Trump Administration from federalizing the Oregon National Guard, finding the federalization order to be unlawful. The Trump Administration now seeks to circumvent that order by diverting the remaining federalized California National Guard troops from Los Angeles to Portland. The Trump Administration has previously argued to the Ninth Circuit that these troops must remain in Los Angeles - an argument directly contradicted by today's deployment to Portland. In the filing, California joins Oregon's lawsuit and along with Attorney General Rayfield, requests emergency relief to prevent federalized California National Guard troops from being unlawfully redeployed.

"The Trump Administration claimed that California National Guard troops were urgently needed to maintain peace in Los Angeles - yet it is sending the entirety of the remaining troops to Oregon without hesitation," said Attorney General Rob Bonta. "This is a blatant and disrespectful ploy to do an end run around yesterday's order by a district court blocking the illegal federalization of the Oregon National Guard. Along with Attorney General Rayfield, I'm suing to prevent this latest overreach of executive power. The President cannot use our cities as a training ground for the military - and he certainly cannot use the hardworking members of California's National Guard as his personal police force."

"The President's abuse of law and power to hijack 300 members of our National Guard and take them into a nonexistent conflict is unprecedented," said Governor Gavin Newsom. "California has been on the forefront of resisting Trump's authoritarian tirade since day one - and we are taking him to court yet again. With Attorney General Bonta fearlessly leading the charge in the courtroom, the Golden State is speaking truth to power as we fight the federal government's illegal actions."

"These actions are a direct attempt to circumvent the court's order," said Attorney General Dan Rayfield. "Yesterday, the court laid out a clear, thoughtful opinion affirming that the President cannot federalize Oregon's Guard to send troops into our own cities. Less than a day later, he's continuing his attempts to militarize Portland, this time with members of the California National Guard, under the same law the judge just said doesn't apply. Not only does Portland not need this interference, but the President is abusing his authority over the California National Guard, because he committed to use their capacity to keep California safe. He can't be trusted."

Yesterday, the U.S. District Court for the District of Oregon temporarily blocked President Trump's unlawful order federalizing the Oregon National Guard and deploying them without basis or justification to Portland. Now, the Trump Administration seeks to circumvent this order by deploying federalized California National Guard troops to Portland - servicemembers who were federalized under that very same 10 U.S.C. § 12406 authority for deployment in Los Angeles. That redeployment is doubly illegal: The underlying federalization order from August violated Section 12406 and the federalization order clearly did not contemplate the use of California troops for completely unrelated activity in Oregon in any event.

In the filings, Attorney General Bonta and Attorney General Rayfield argue that a second temporary restraining order is necessary because:

1. The Trump Administration's actions are ultra vires and exceed the President's authority under 10 U.S.C. § 12406.
2. Without a temporary restraining order, Oregon and Portland and California will experience irreparable harm: As California has shown, the unlawful deployment of National Guard troops violates state sovereignty and the police powers reserved to the states under the Tenth Amendment of the U.S. Constitution; harms local economies; undermines public safety; and damages troop morale.
3. An additional temporary restraining order is necessary to prevent the circumvention of the first temporary restraining order: Less than 24 hours after a district court issued a temporary restraining order, Defendants are deploying federalized Guard members to Portland, defying the court's conclusion that such deployment was unlawful.

A copy of the motion for a temporary restraining order is available here. A copy of the amended complaint is available here.

BACKGROUND

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. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.

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. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court's order is temporarily paused while the Ninth Circuit considers the federal government's motion for a stay.

Attorney General Bonta has previously supported Oregon Attorney General Dan Rayfield's and D.C. Attorney General Brian Schwalb's lawsuits challenging the Trump Administration's unlawful deployment of National Guard troops to their cities.