California Attorney General Rob Bonta and Governor Gavin Newsom have asked a federal court to block the Trump Administration’s order to extend the federalization and deployment of 300 California National Guard members for an additional 90 days. The request comes after the Trump Administration, on August 5, 2025, issued a new directive that would keep these troops under federal control through November 5, coinciding with Election Day.
Attorney General Bonta stated, “The Trump Administration continues to hold our National Guard servicemembers hostage as part of an unprecedented attempt to militarize American streets. The initial federalization and deployment of these troops was unjustified — their redeployment for an additional 90 days is absurd. We’re asking the court to block implementation of this latest order, and we are confident that given the facts — or lack thereof — underpinning this order, the court will agree.”
Governor Newsom added, “The timing of Trump’s extension of the National Guard soldiers isn’t coincidental — he’s holding onto soldiers through Election Day. There was never a need and there is not a need now for soldiers to be deployed against their communities. The federal government hasn’t even tried to justify keeping the military in Los Angeles because they can’t. The reality is this — they want to continue their intimidation tactics to scare Californians into submission.”
According to state officials, incidents of civil unrest cited by the administration as justification for deploying troops had subsided well before the original deployment period expired and have not recurred since. Since July 1, 2025, most federally controlled National Guard personnel were withdrawn without incident until only 300 remained in service under federal command.
Officials argue that there has been no evidence or attempt by the administration to demonstrate an invasion, rebellion, or inability to enforce federal law in California at any point relevant to this latest deployment order. During earlier deployments, California National Guard members supported low-risk law enforcement activities in Los Angeles and surrounding areas more than 100 miles away from any reported disturbances. In many cases, federal agents requested military support as a precautionary measure rather than in response to actual threats.
State leaders also claim that these troops were often used for civilian law enforcement purposes despite risk assessments showing no significant threats requiring military involvement. This practice allegedly violated the Posse Comitatus Act by allowing military personnel to participate directly in civilian policing operations; during initial weeks of deployment, it was estimated that up to three-quarters of immigration arrests involved accompanying National Guard members.
Bonta and Newsom’s motion seeks a preliminary injunction halting implementation of the August 5 order and returning authority over California’s National Guard units back to Governor Newsom.
Earlier legal action saw Attorney General Bonta and Governor Newsom challenge previous orders involving both National Guard troops and Marines being used for civilian law enforcement tasks in Los Angeles. Evidence presented during an August trial indicated violations of statutory limits on military involvement in domestic affairs. On September 2, 2025, a U.S. District Court issued an injunction permanently barring similar actions by the Trump Administration going forward.
A copy of their motion for preliminary injunction is available online.
