Original Date Announced

President Trump federalized a minimum of 2,000 National Guard personnel under 10 U.S.C. § 12406 "to temporarily protect [Immigration and Customs Enforcement] and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property." The federalization is not geographically limited, prospectively federalizing National Guard units "at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations." The federalization is to last for 60 days or a duration determined by the Secretary of Defense.

The presidential memorandum also authorizes the Secretary of Defense to deploy "any other members of the regular Armed Forces as necessary to augment and support the protection of Federal functions and property in any number determined appropriate in his discretion."

Trump 2.0 [ID #1806]

Subsequent Trump and Court Action

2025.06.09 Reported: Protests intensify in Los Angeles after Trump deploys hundreds of National Guard troops - AP News

President Trump authorized the deployment of 2,000 National Guard troops in Los Angeles after protestors responded to immigration raids in Los Angeles's fashion district by "attempt[ing] to block Border Patrol vehicles by hurling rocks and chunks of cement."

Subsequent Trump and Court Action

2025.06.09 Complaint - Newsom v. Trump

California Governor Gavin Newsom sued President Trump over his federalization of National Guard units in California. The complaint alleges that 10 U.S.C. § 12406 authorizes federalization only "(1) to repel invasion of the United States by a foreign nation, (2) suppress a rebellion or danger of rebellion against the authority of the Government of the United States; or (3) execute federal laws when the President is unable to do so with the regular forces," and that no such condition was met. The complaint further states that § 12406 "requires that orders pursuant to that section be 'issued through the governors of the States,'" and that President Trump and Secretary of Defense Hegseth failed to notify or obtain the Governor's permission. Finally, the complaint alleges that deployment violated the Posse Comitatus Act.

The complaint also alleges violation of the Tenth Amendment, and that the Department of Defense's actions to implement the order were arbitrary and capricious because the it lacked the authority to mobilize those Guard units. Newsom v. Trump, No. 3:25-cv-04870-CRB (N.D. Cal. filed June 9, 2025).

Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security.

Subsequent Trump and Court Action

2025.06.10 Reported: Trump authorizes additional 2,000 National Guard members to Los Angeles, US officials say - AP News

President Trump authorized deployment of 4,000 National Guard troops and 700 Marines to Los Angeles in response to protests "after federal immigration authorities arrested more than 40 people across the city." The deployment "escalat[ed] a military presence local officials and Gov. Gavin Newsom don’t want and the police chief says creates logistical challenges for safely handling protests."

Subsequent Trump and Court Action

2025.06.11 US NORTHCOM - Update to DoD Federal Protection Mission

U.S. Northern Command (NORTHCOM) states that "approximately 4,000 California Army National Guard soldiers were placed under federal command. . . . Additionally, approximately 700 Marines are augmenting the force." The press release states that the deployed soldiers "can and have accompanied ICE on missions, but they are not a part of the operations. Title 10 forces do not do law enforcement functions," adding that "approximately 2,800 service members are deployed to the greater Los Angeles area."

NORTHCOM asserts that the deployed Marine battalion "underwent additional training specific to this mission . . . including] de-esclaation, crowd-control, and understanding the Standing Rules for the Use of Force (SRUF)."

Subsequent Trump and Court Action

2025.06.12 TRO - Newsom v. Trump

Judge Charles Breyer of the Northern District of California issued a temporary restraining order enjoining President Trump and Defense Secretary Hegseth from "deploying members of the California National Guard in Los Angeles" and "direct[ing] [them] to return control . . . to Governor Newsom." The Court stayed its order until noon on June 13, 2025.

The Court held that it had authority to determine whether the statutory conditions for federalization have been met, and that no such conditions were present in Los Angeles. The court further held that the deployment was not issued through the Governor as required, and that Governor Newsom is likely to succeed on his Tenth Amendment claim. The Court did not rule on whether deployment violated the Posse Comitatus Act. Newsom v. Trump, No. 3:25-cv-04870-CRB (N.D. Cal. filed June 9, 2025).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.06.19 Order Granting Stay of TRO Pending Appeal - Newsom v. Trump

A Ninth Circuit panel granted the federal government’s request for an emergency stay of the district court’s June 12, 2025 TRO, allowing federal control of the California National Guard to remain in effect pending appeal. The court held that the President's decision to federalize the National Guard under 10 U.S.C. § 12406, while justiciable, merits significant deference and that it is likely that the President acted within his statutory authority under § 12406(3). Newsom v. Trump, No. 3:25-cv-04870-CRB (9th Cir. June 19, 2025).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.07.07 Reported: Federal Agents March Through L.A. Park, Spurring Local Outrage - New York Times

Dozens of armed federal agents, accompanied by 80 California National Guard troops, entered a prominent park in one of Los Angeles' most immigrant-heavy neighborhoods. The agents arrived in armored vehicles and were equipped with fatigues, masks and helmets as they marched through MacArthur Park. While DHS described the scene as an immigration-enforcement operation, local officials contend that the show of force was a part of the federal government's ongoing efforts to intimidate LA's immigrants and residents.

Subsequent Trump and Court Action

2025.07.16 Reported: Trump’s National Guard Troops Are Questioning Their Mission in L.A. - New York Times

National Guard servicemembers are reporting low morale and decreasing retention rates as a result of President Trump's deployment of the National Guard for immigration enforcement operations in Los Angeles and elsewhere. At least two servicemembers who objected to the mission have been reassigned elsewhere. Out of the 72 soldiers whose enlistments will expire during the employment, 2 have left the Guard and 55 more have indicated that they will not extend their services; this would constitute a 21 percent retention rate, significantly lower than the typical 60 percent retention rate across the National Guard.