California Attorney General Rob Bonta has obtained a permanent injunction preventing the deployment of California National Guard troops to Portland, Oregon. The ruling, issued by the U.S. District Court for the District of Oregon, found that the Trump Administration’s actions to federalize and deploy National Guard units from multiple states—including California—were beyond presidential authority and violated the Tenth Amendment.
The decision follows a three-day trial where legal teams from California, Oregon, and Portland argued that deploying the National Guard in this manner was unlawful. The court determined that neither rebellion nor an inability to enforce federal law justified such action.
“Today’s decision is a win for the rule of law, for the constitutional values that govern our democracy, and for the American people,” said Attorney General Bonta. “Once again, a court has firmly rejected the President’s militarized vision for America’s future. I am grateful for the partnership of my friend and colleague Oregon Attorney General Dan Rayfield and the attorneys on my team who expertly cross-examined witnesses and argued this case in court. We must not become desensitized to the unprecedented and blatantly illegal nature of the President’s actions. This case is just one part of a broader effort by the President to trample on state sovereignty and reshape the American presidency. We celebrate this victory with eyes wide open and firm resolve to see this fight through to the end.”
In its findings, the court stated: “[A]fter a three-day trial that included testimony of federal, state, and local law enforcement officials and hundreds of exhibits describing protest activity outside the Portland ICE building, the evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by federal officials in charge of protection of the ICE building, exceeded the President’s authority.” It also concluded there was no rebellion or danger justifying such action under Section 12406(2), adding: “Based on facts on the ground outside Portland ICE building…this Court holds that President did not have a colorable basis to invoke Section 12406(2) when he ordered federalization.”
Further excerpts from Judge’s opinion underscored concerns about executive overreach: “[California] Guardsmen cannot proceed to enforce other laws in other states that have no connection to their initial federalization.” The court remains concerned about continued deployment against prior orders: “This Court is deeply troubled by Defendants’ continued deployment…and is retaining jurisdiction for potential contempt proceedings.”
Attorney General Bonta has previously filed lawsuits challenging similar federalizations in Los Angeles as well as supporting litigation brought by other states including Illinois and Washington D.C., arguing these moves violate limits set forth in laws like Posse Comitatus Act.
The Ninth Circuit is currently considering appeals related to earlier orders blocking National Guard deployments within California.
