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The heavy-handed tactics used by federal immigration authorities has sparked angry protests and a lawsuit against Donald Trump and his questionable use of the California National Guard that appears to be escalating the tension and anger in Los Angeles.
Trump's use of the National Guard to quell protests against tactics used by federal immigration agents in Los Angeles has California's Filipino American Attorney General Rob Bonta filing his 24th lawsuit against Donald Trump and his administration
Bonta and California Governor Gavin Newsom are suing Donald Trump and Defense Secretary Hegseth in response to their orders seeking to federalize the California National Guard for 60 days under 10 U.S.C. § 12406.
In the early hours of Sunday morning, the US Department of Defense, at the direction of Donald Trump, redirected hundreds of National Guard troops from San Diego to Los Angeles, without authorization from the Governor and against the wishes of local law enforcement. In total, the Department intends to deploy 2,000 troops from across the state, an inflammatory escalation unsupported by conditions on the ground.
Lawsuit filed against Trump
In the lawsuit filed Tuesday, Bonta and Newsom asks the court to hold unlawful and set aside the Trump’s order federalizing the National Guard by way of a rarely used law, arguing that such action exceeds the federal government’s authority under the law and violates the Tenth Amendment.
“President Trump’s order calling federalized National Guard troops into Los Angeles – over the objections of the Governor and local law enforcement – is unnecessary and counterproductive. It’s also deeply unfair to the members of the National Guard who are hard at work every day protecting our state, preparing for and responding to emergencies, and training so that, if called, they can fight our nation’s wars,” says Bonta.
“Let me be clear: There is no invasion. There is no rebellion. The President is trying to manufacture chaos and crisis on the ground for his own political ends," says Bonta. "Federalizing the California National Guard is an abuse of the President’s authority under the law – and not one we take lightly. We’re asking a court to put a stop to the unlawful, unprecedented order.”
“Donald Trump is creating fear and terror by failing to adhere to the US Constitution and overstepping his authority. This is a manufactured crisis to allow him to take over a state militia, damaging the very foundation of our republic,” says Newsom.
On Friday and Saturday, June 6 and 7, US Immigration and Customs Enforcement (ICE) conducted multiple immigration raids in downtown Los Angeles; at a Home Depot and at apparel manufacturers Around 3 p.m. Friday. Crowds began gathering in shouting at the federal agents and trying to stop the federal agents' vehicles.
These raids were met with multiple protests.
In implementing this directive, the Department of Defense circumvented authorization from the Governor and began deploying National Guard troops to Los Angeles over the objections of local law enforcement actively on the ground. Notably, by the time the National Guard arrived Sunday morning, the protests had dissipated and streets were quiet, but soon after the National Guard arrived, tensions reignited, leading to the very sort of unrest the National Guard was supposedly sent in to quell.
Concerningly, Trump has already made clear his intention to expand the use of these National Guard troops to conduct interior civil immigration enforcement activities normally conducted by civil immigration law enforcement officers, creating fear and terror in California communities.
Trump’s unprecedented order attempts to usurp state authority and resources via 10 U.S.C. § 12406, a statute that has been invoked on its own only once before in modern history and for highly unusual circumstances — when President Richard Nixon called upon the National Guard to deliver the mail during the 1970 Postal Service Strike. This is also the first time since 1965 — when President Johnson sent troops to Alabama to protect civil rights demonstrators — that a president has activated a state’s National Guard without a request from the state’s governor.
In this case, Newsom did not request that the state’s National Guard be federalized, as local authorities were managing the situation on the ground, and openly expressed concern that bringing in the National Guard could inflame the situation. After the President plowed ahead with his order, the Governor sent a letter to Secretary Hegseth requesting that the Department of Defense rescind its unlawful deployment of troops in the state and return them to his command.
In the lawsuit filed Tuesday, Bonta and Newsom asks the court to hold that Trump's and Department of Defense’s orders federalizing the California National Guard are unlawful, arguing that:The federalization of the California National Guard deprives California of resources to protect itself and its citizens, and of critical responders in the event of a state emergency.
Newsom had filed an emergency motion with the courts Tuesday in an attempt to prevent Trump's expansion of the military in LA - a federal judge denied it and set the hearing for Newsom's lawsuit for Thursday
FYI: A copy of the lawsuit is available here.
10 U.S.C. 12406 requires that the Governor consent to federalization of the National Guard, which Newsom was not given the opportunity to do prior to their deployment.
Trump’s unlawful order infringes on Newsom’s role as Commander-in-Chief of the California National Guard and violates the state’s sovereign right to control and have available its National Guard in the absence of a lawful invocation of federal power.
“State and local law enforcement have repeatedly said they have the resources necessary to handle the situation. It is completely un-American and needlessly provocative for Donald Trump to deploy the National Guard and Marines to Southern California," said California Rep. Ted Lieu, whose district includes part of Los Angeles.
"So, I want to talk about the National Guard first. Their legal authority Trump is using is 10 U.S.C. Section 12406. I encourage all of you to read it. It very specifically says the only way he can do this is through the orders of the Governors of the states. Governor Newsom clearly has not given this order; the National Guard troops are following unlawful orders. I ask every National Guard person who is under this order to read the order, to see if it came from Governor Newsom and then to read the law and then decide for themselves if they are following unlawful orders," Lieu implored.
“Like millions of Americans across the country, I am deeply concerned by the administration’s use of aggressive tactics against immigrant communities. Armed agents have raided schools, workplaces, and homes—terrorizing our neighbors and ripping families apart,” said Congressmember Grace Meng (NY-06), chair of the Congressional Asian Pacific American Caucus.
“This is not about public safety, this is about exerting control and striking fear in immigrant communities," said Meng. "As Members of Congress, we will continue to exercise our legal authority to conduct oversight of detention centers and demand accountability from the administration, and we will fight for immigration policies that reflect our nation’s values of fairness and dignity for all—not cruelty disguised as law and order.”
Protestors take to the streets
The protests were in response to raids by ICE and Homeland Security at workplaces, schools and when immigrants arrived at their immigration check-ins which they agreed to in order to remain in the country.
“Mass raids without warrants has been what has started this whole thing,” alleges Rep. Judy Chu, D-CA., “It was started by Donald Trump.”
On Friday, June 6, the federal government, through IICE, began conducting widespread operations throughout Los Angeles without providing notification to local law enforcement. During the course of these operations, ICE officers took actions that inflamed tensions, including the arrest and detainment of children, and military-style operations that sparked panic in the community. The Department of Homeland Security reported that its enforcement activities on June 6 resulted in the arrest of 44 individuals, two of whom appear to have been minors. Only five of those arrested reportedly had any criminal history.
In response, community members began protesting to express opposition to these Gestapo-like tactics, the Trump’s heavy-handed, violent immigration agenda, and the arrest of innocent people, and to express solidarity with and concern for the individuals and families most directly impacted by the enforcement actions taking place in their community.
Protests continued for two more days, and although some violent and illegal incidents were reported — leading to justified arrests by state and local authorities — these protests were largely nonviolent and involved citizens exercising their First Amendment right to protest.
As the protests moved into a third day, Tuesday night L.A. Mayor Karen Bass instituted a curfew in downtown Los Angeles. Small bands of people ignored the curfew and the LAPD began making arrests.
At no point did these protests necessitate federal intervention, and local and state law enforcement remained in control of the situation. Local law enforcement, despite no communication or advanced notice from the federal government, responded quickly and did not request federal assistance.
“Every governor, red or blue, should reject this outrageous overreach," says Newsom. "This is beyond incompetence — this is him intentionally causing chaos, terrorizing communities, and endangering the principles of our great democracy. It is an unmistakable step toward authoritarianism. We will not let this stand.”
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