Attorney General James Urges Court to Block Unlawful Federalization of National Guard

NEW YORK – New York Attorney General Letitia James and 20 other states today filed an amicus brief in support of California’s lawsuit challenging the president’s unlawful order to federalize and deploy the National Guard in response to protests in Los Angeles. The attorneys general argue that the president’s actions defy the Constitution, override states’ authority, and threaten the safety and civil liberties of communities nationwide. Attorney General James and the coalition are urging the court to immediately halt the president’s memorandum bringing the National Guard under federal control, an order that has only served to stoke fear and escalate violence.

“Our National Guard members signed up to serve and protect their communities, not to be deployed against them,” said Attorney General James. “Across the country, Americans are exercising their constitutional right to peacefully protest by standing up for immigrants – our friends and neighbors – who came to this country in search of safety and freedom.”

On June 7, President Trump issued a memorandum ordering the deployment of the National Guard to respond to protests against Immigration and Customs Enforcement (ICE) in Los Angeles. The protests were in response to a dramatic increase in ICE arrests at immigration courts and standard immigration appointments. The president’s order was issued without the consent of California’s governor, and later over his explicit objections, while local authorities were already managing the situation and did not need military assistance.

Under the Constitution and federal law, governors serve as the commanders-in-chief of their state's National Guard. The president cannot federalize and deploy the National Guard unless specific, limited conditions are met. Notably, the statute that President Trump relied on to federalize and deploy thousands of California National Guard members has only been invoked twice in U.S. history, most recently in 1974, and never over a governor’s objections. In their brief, the attorneys general argue these conditions were not met in California, and therefore the president’s order to send in the National Guard is unlawful and unconstitutional.

Attorney General James and the coalition also argue that the Guard’s presence has dramatically worsened the situation on the ground in Los Angeles and that the deployment of military personnel in California has stoked fears that the same will happen throughout the nation. The attorneys general highlight the broad scope of the president’s memorandum, which is not limited to California and leaves open the possibility of federalizing any state’s National Guard over the next 60 days. That sweeping authority threatens to pull thousands of Guard members, including more than 17,000 in New York, away from critical state missions, including disaster response and public health initiatives.

The rights to free speech, free expression, and free assembly are explicitly protected in the Constitution. The attorneys general argue that the president’s unjustified use of military personnel to suppress protests has a chilling effect on lawful demonstrations, escalates violence, and risks violating Americans’ First Amendment rights. States have a duty to protect these constitutional freedoms, and the attorneys general assert that the unlawful federalization of the National Guard poses a dire threat to that responsibility.

Lastly, Attorney General James and the coalition assert that the president’s recent actions completely disregard the nation’s fundamental founding principles. In the brief, the attorneys general note that a core purpose of creating state militias like the National Guard was to prevent the Executive Branch from using armed forces against its citizens, as King George and British monarchs had done for centuries. The Founders feared centralized federal armies and embedded strong protections for congressional and civilian control over the military in the Constitution – protections that the president is now ignoring.

Attorney General James and the coalition are urging the court to immediately block the president’s order, which they warn erodes civil liberties, destabilizes emergency response operations, and threatens the rule of law.

Joining Attorney General James in filing this brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, as well as the Governor of Kansas.