We are deeply concerned by the decision from the Ninth Circuit Court of Appeals, which grants the president sweeping authority to federalize the California National Guard without Gov. Gavin Newsom’s consent. This ruling sets a dangerous precedent, undermines state sovereignty, and threatens the civil rights and civil liberties of Californians and all Americans.
The Trump administration’s decision to deploy the National Guard to Los Angeles amid peaceful protests was an unnecessary, inflammatory, and dangerous abuse of presidential power. The court’s ruling gives Trump legal cover to call up the National Guard over the objections of governors in other states with large immigrant communities—including Illinois and New York— where he has promised to conduct mass detentions and deportations.
“The military should not police civilians. Their presence in the streets erodes our sense of safety and compromises our freedom to assemble, voice dissent, and go about our daily lives. We are disappointed by the Ninth Circuit's decision, but we commend Gov. Newsom and Attorney General Rob Bonta for continuing to fight,” said Shilpi Agarwal, legal director of the ACLU of Northern California.
The ACLUs of California will not stand by as the federal government deploys military force against civilians, arrests and assaults members of Congress exercising their oversight responsibilities, and tramples on due process to further an extreme anti-immigrant agenda. We will continue to fight for the rights of protesters, immigrant communities, and anyone targeted by this unjustified show of force.
We urge Congress and the public to demand accountability from the Trump administration and reject efforts to normalize military intervention in civilian affairs.
The ACLU’s legal work in California is led by three affiliates across the state: the ACLU Foundation of Northern California, ACLU Foundation of Southern California and the ACLU Foundation of San Diego & Imperial Counties.
