California Governor Gavin Newsom and Attorney General Rob Bonta filed a lawsuit against former President Donald Trump, Defense Secretary Pete Hegseth, and the U.S. Department of Defense, accusing them of illegally federalizing the California National Guard (CalGuard). The lawsuit, announced on June 9, 2025, seeks to reverse Trump's controversial order activating 2,000 Guard troops for deployment in Los Angeles without the consent of the state government.

CalGuard, officially known as the California National Guard, is a critical component of California’s emergency response system, typically controlled by the state governor. It provides vital assistance during natural disasters, supports local law enforcement, participates in drug interdiction at the border, and aids community welfare programs.

Governor Newsom described the federal government's actions as an "unmistakable step toward authoritarianism," claiming the Trump administration overstepped constitutional boundaries. "Donald Trump is creating fear and terror by failing to adhere to the U.S. Constitution and overstepping his authority," Newsom stated.

The complaint filed in federal court argues that Trump's use of the CalGuard violates both the Constitution and specific federal laws governing the mobilization of state National Guard units. The federalization took place in response to immigration-related protests in Los Angeles following aggressive enforcement actions by Immigration and Customs Enforcement (ICE) officers.

According to state officials, ICE arrested 44 people, including two minors, which ignited community backlash and demonstrations.

Attorney General Bonta labeled Trump's action as "unnecessary and counterproductive," emphasizing that state and local authorities maintained control over the protests without requesting federal assistance. The protests were described as predominantly peaceful, exercising First Amendment rights, with minimal violence effectively managed by local law enforcement.

Central to the controversy is Trump's invocation of Title 10 of the U.S. Code, which permits federalization of the National Guard under extreme circumstances, such as rebellion or when local authorities are unable to enforce federal law. The lawsuit stresses that conditions in Los Angeles did not approach the required threshold for such drastic federal intervention. Additionally, the order failed to meet procedural requirements, as Governor Newsom was not consulted or given the opportunity to consent, as federal law mandates.

Historically, this statute was invoked only once before, in 1970 during the Postal Service Strike, and the last unsolicited federalization of National Guard troops occurred in 1965 to protect civil rights demonstrators in Alabama. Bonta characterized Trump’s action as an unprecedented "abuse of the President's authority."

Further complicating the matter, Newsom accused Trump of deliberately inflaming tensions for political gain. Trump publicly supported threats made by his immigration advisor to arrest Democratic officials, including Newsom, accusing them of obstructing law enforcement. Newsom rejected Trump's claims and has formally requested the administration return control of the National Guard to California.

The lawsuit also highlights practical concerns, arguing federal control of the CalGuard deprives the state of vital emergency response resources needed for events like wildfires and drug interdiction efforts. Newsom and Bonta seek a court injunction to halt the federal mobilization and restore state control of the CalGuard unit.