A federal judge has denied California Gov. Gavin Newsom’s request for an emergency restraining order aimed at stopping President Donald Trump and the Department of Defense from federalizing the California National Guard and deploying U.S. Marines to Los Angeles, following violent clashes between immigration officers and protesters.
Newsom’s request for the temporary restraining order, filed on June 10 in federal court in California, argues that Trump’s June 7 memorandum invoking 10 U.S.C. § 12406—a provision that lets the president call the National Guard in cases of “rebellion” and situations where regular forces are unable to enforce U.S. laws—is unlawful.
The complaint cites a lack of a qualifying rebellion, improper bypass of the governor, and likely violations of the Posse Comitatus Act, which bars the use of active duty armed forces and federalized National Guard for civilian law enforcement.
Story continues below advertisement
“There is no invasion or rebellion in Los Angeles,” Newsom’s filing reads. “There is civil unrest that is no different from episodes that regularly occur in communities throughout the country, and that is capable of being contained by state and local authorities working together. And nothing is stopping the President from enforcing the laws through use of ordinary, civilian mechanisms available to federal officers.”
The court filing accuses the Trump administration of overstepping its legal authority by deploying troops without the consent of the state, which Newsom’s legal team argues is explicitly required by the statute. The filing also claims that the deployments undermine California’s sovereignty, deprive it of vital resources, and escalate civil unrest.
The filing sought a temporary restraining order to be imposed by 1 p.m. on June 10 that would bar federal troops from participating in immigration enforcement actions, patrolling city streets, or performing any law enforcement activities beyond protecting federal buildings and personnel.
Related Stories
6/11/2025
6/10/2025
Attorneys for the Trump administration pushed back on the expedited schedule, requesting that the judge grant them a minimum of 24 hours to file a response.
In a scheduling order issued later on June 10, U.S. District Judge Charles Breyer agreed with the Trump administration’s request for more time to file a response to Newsom’s request before ruling on it, giving it until 11 a.m. on June 11 to do so. At the same time, Breyer granted Newsom until 9 a.m. on June 12 to respond to the Trump administration’s response, and he set a hearing on the temporary restraining order request for later that day.
Story continues below advertisement
The Epoch Times has reached out to the White House and the Department of Defense with requests for comment.
Newsom’s restraining order request is part of a broader lawsuit filed on June 9 against Trump’s decision to federalize National Guard troops over the weekend in response to riots in Los Angeles County in opposition to Immigration and Customs Enforcement (ICE) operations.
A White House spokesperson told The Epoch Times in response to the earlier filing that, rather than take legal action against the deployment, Newsom should instead seek prosecution of the “anti-ICE rioters who burned property and looted businesses in Los Angeles.”
“Newsom is more focused on saving face than protecting law enforcement and holding criminals accountable,” White House deputy press secretary Anna Kelly said in an emailed statement. “As the President said, Newsom should thank him for restoring law and order.”
Story continues below advertisement
The Marines deployed to Los Angeles under Trump’s orders have not been directed to respond to immigration protests and are currently assigned only to safeguard federal personnel and property, the Marine Corps commandant said Tuesday.
Marine Corps Gen. Eric Smith told lawmakers during a budget hearing Tuesday that the deployed battalion has not been assigned to any protests. While trained in crowd control, the Marines lack arrest authority and are present solely to protect federal property and personnel, he said.
Meanwhile, Trump has floated the possibility of invoking the Insurrection Act, a federal law that allows the president to deploy active-duty troops within the United States to quell unrest or enforce federal law under limited circumstances.
When asked whether he would invoke the act, Trump told reporters in the Oval Office: “If there’s an insurrection, I would certainly invoke it. We'll see.”
Story continues below advertisement
The president added: “If we didn’t get involved, right now Los Angeles would be burning just like it was burning a number of months ago.”
“We are not playing around,” he said.
Jack Phillips and Zachary Stieber contributed to this report.
