California Governor Gavin Newsom filed a lawsuit against the federal government in response to President Trump’s decision to send the National Guard to Los Angeles, sparking a constitutional dispute. The federalization of California’s National Guard without his approval, according to Newsom, is unconstitutional, exposing yet another effort by the supporters of the Biden-Harris administration to thwart federal immigration enforcement while endangering American citizens.
Trump Takes Action Against Sanctuary Policies
President Trump deployed approximately 700 active-duty U.S. Marines and plans to send up to 4,000 National Guard troops to Los Angeles in response to protests against ICE raids targeting illegal immigrants. The President invoked Title 10, Section 12406 of the U.S. Code, which he believes grants him authority to mobilize the National Guard without a governor’s request.
California Gov. Gavin Newsom said the state is suing the Trump administration, claiming President Trump illegally federalized the National Guard.
Read more: https://t.co/yZdvNGnytw pic.twitter.com/33p5omXflp
— ABC News (@ABC) June 9, 2025
The federal deployment comes as ICE begins operations to remove undocumented individuals who have received final deportation orders, particularly those with criminal records. Newsom has consistently opposed federal immigration enforcement, following California’s long-standing sanctuary policies that shield illegal immigrants from deportation despite their violations of federal law.
Newsom Claims Constitutional Overreach
The California lawsuit, filed in the Northern District of California, where most judges are Democratic appointees, argues that Trump’s actions violate the Posse Comitatus Act and the Tenth Amendment. California Attorney General Rob Bonta is seeking a restraining order against the National Guard deployment, claiming the action requires the governor’s consent and undermines state sovereignty.
Gov. Newsom sues Trump admin over federalization of California National Guard https://t.co/v8lzwLV93i
— One America News (@OANN) June 10, 2025
Governor Newsom dramatically challenged Trump’s border czar Tom Homan to arrest him, escalating tensions between federal and state authorities. Homan later clarified that his words about arresting officials who obstruct federal immigration enforcement were taken out of context and that he never specifically threatened to arrest Newsom.
State Resources vs. Federal Authority
California officials claim the federal deployment leaves the state vulnerable to natural disasters like wildfires, which require National Guard assistance. This argument prioritizes state concerns over federal immigration law enforcement, continuing California’s resistance to federal immigration policies designed to protect American citizens and legal residents.
The legal battle highlights the fundamental tension between states’ rights and federal authority that has defined American governance since the founding. Conservative legal experts note that while states maintain certain sovereign powers, immigration enforcement falls squarely within federal jurisdiction, making California’s obstruction potentially unconstitutional.
Trump administration supporters point out that California does maintain some cooperation with ICE on criminal matters, but continues to hinder broader immigration enforcement efforts. The ongoing dispute represents a critical test case for federal authority to enforce immigration laws when faced with resistance from state officials who prioritize protecting illegal immigrants over complying with federal law.
Sources:
https://www.politico.com/news/2025/06/09/california-national-guard-lawsuit-gavin-newsom-00394609