California Governor Newsom Sues Trump Administration Over National Guard Federalization

(ProsperNews.net) – California Governor Gavin Newsom has sued the Trump administration after the President federalized the state’s National Guard troops in Los Angeles without permission, setting up a significant legal battle over states’ rights and federal authority.

At a Glance

Trump deployed approximately 700 active-duty U.S. Marines to Los Angeles and federalized National Guard troops without Governor Newsom’s request
The legal challenge claims Trump’s actions violate the Posse Comitatus Act and the Tenth Amendment of the Constitution
The deployment came in response to protests against ICE raids targeting undocumented residents
Trump invoked Title 10, Section 12406 of the U.S. Code to assume control of the National Guard
California officials argue the deployment requires the governor’s consent and leaves the state vulnerable to natural disasters

Constitutional Showdown Over Military Control

The dispute centers on President Trump’s decision to mobilize National Guard troops in Los Angeles amid protests against immigration enforcement operations. Governor Newsom, joined by California Attorney General Rob Bonta, filed the lawsuit in the Northern District of California, challenging the President’s authority to federalize state troops without the governor’s consent. The administration plans to deploy up to 4,000 National Guard troops to Los Angeles, according to state officials, who claim they received no prior communication about the decision.

Trump invoked a rarely used provision, Title 10, Section 12406 of the U.S. Code, which allows the President to call National Guard units into federal service. However, California’s lawsuit contends this action exceeds constitutional boundaries by infringing on the state’s right to govern its own resources. The federalization occurred as protests erupted following Immigration and Customs Enforcement (ICE) operations targeting undocumented residents in the Los Angeles area.

Gov. Newsom said the state is suing the Trump administration, claiming Trump illegally federalized the National Guard to confront protesters in Los Angeles.https://t.co/aClU22r1vG

— ABC7 Eyewitness News (@ABC7) June 9, 2025

Legal Arguments and Potential Violations

California’s legal team argues the President’s actions potentially violate both the Posse Comitatus Act, which limits the use of military forces for domestic law enforcement, and the Tenth Amendment, which reserves powers not granted to the federal government for the states. Attorney General Bonta has filed for a restraining order against the deployment, stating that the federal government’s unilateral action undermines California’s sovereignty. The case has been filed in a judicial district where most judges are Democratic appointees.

The lawsuit further claims that removing National Guard troops from state control leaves California vulnerable to natural disasters and other emergencies where these resources are typically deployed. Governor Newsom maintains that California does cooperate with federal immigration authorities on criminal matters, challenging the premise for the federal intervention. The dispute has intensified tensions between Sacramento and Washington over immigration enforcement policies.

Trump’s federalization of the CA National Guard under 10 USC § 12406 is illegal.

The law requires that orders be issued “through the Governors of the States.” Gov @GavinNewsom has not issued the orders.

Guard troops in LA are following unlawful orders. https://t.co/XTKHNt2qsY https://t.co/5oTR5fkZN1

— Ted Lieu (@tedlieu) June 9, 2025

Escalating Political Tensions

The confrontation between Trump and Newsom intensified after comments from Trump’s border czar Tom Homan suggested arresting officials who obstruct federal immigration operations. This prompted Newsom to publicly challenge Homan to arrest him, though Homan later claimed his statements were taken out of context. The governor has been vocal in his opposition, telling the President to “stand down” regarding the deployment of federal forces to California.

In addition to the National Guard troops, Trump ordered approximately 700 active-duty U.S. Marines to Los Angeles, further raising questions about the appropriate use of military personnel in domestic contexts. The case represents a significant test of federalism and the constitutional division of power between states and the federal government. Legal experts suggest the outcome could establish important precedents for future disputes over military jurisdiction and states’ rights.