Attorney General Bonta Continues Support for Illinois Amid Militarization of Chicago, Urges Court to Keep Emergency Order

Asks court to consider the experiences of Los Angeles to prevent harm to Chicago 

OAKLAND — California Attorney General Rob Bonta, 20 other attorneys general, and three states this weekend filed an amicus brief in support of Illinois Attorney General Kwame Raoul in response to the Trump Administration’s attempt to block emergency relief granted to Illinois — relief that temporarily prevents the Trump Administration’s illegal federalization of the Illinois National Guard and the deployment of federalized National Guard troops from other states. On October 7, Attorney General Rob Bonta and Governor Gavin Newsom filed an amicus brief in support of Attorney General Raoul’s request for emergency relief to block President Trumps illegal use of power. On October 9, the court granted this emergency relief to Illinois. The Trump Administration’s campaign to militarize America’s cities began in California, where in early June, President Trump seized control of California National Guard troops and deployed them to conduct civilian law enforcement activities throughout Southern California. As California has experienced since the National Guard was federalized without Governor Newsom’s consent four months ago, a continuous military presence in American communities violates state sovereignty and the police powers reserved to the states under the Tenth Amendment of the U.S. Constitution; harms local economies; undermines public safety; and damages troop morale. In the amicus brief, which was filed in the U.S. Court of Appeals for the Seventh Circuit, the attorneys general argue that immediate court intervention via emergency order is necessary to protect Chicago communities from experiencing that same harm.  

“The President continues to deploy an unprecedented amount of force against our cities and people, and it comes at a tremendous cost. As California demonstrated during our own trial — and as the city of Los Angeles has experienced over the last four months — the illegal militarization of American cities terrorizes our residents, drains our troops, and tanks our local economies,” said Attorney General Bonta. “I stand with Attorney General Raoul and ask the court to reject the Trump Administration’s effort to throw out an order demanding them to halt their illegal militarization of communities in Illinois. The escalating use of American communities as a training ground for the military must stop now.” 

President Trump’s federalization of Illinois’ National Guard and deployment of Texas’ and California’s federalized National Guard into Illinois is unlawful — and an attack on our nation’s foundational principle of keeping the military out of civilian affairs. In the amicus brief, the attorneys general argue that the President’s unlawful and unconstitutional use of the military has exacerbated, rather than calmed, tensions in our communities, while threatening activity protected by the First Amendment. Dangerously, the President’s actions undermine the role of local law enforcement and violate state sovereignty by sending federalized troops into our communities against the will of state leaders. The coalition also makes clear their interest in ensuring that their National Guards are available to perform the essential services needed within their states. 

During a three-day trial in August, California provided ample evidence that the unwanted presence of military troops heightens tensions in communities, undermining trust between local law enforcement and the communities they serve and requiring local law enforcement to deploy additional resources to maintain public safety. Moreover, while local police have training, experience, and systems to handle crowd control, protests, and other civil duties, National Guard troops are trained for combat and are not trained in criminal procedure, civil rights, and de-escalation techniques. This introduces complications and dangers to both the public and the troops engaging with them.

Militarization of communities creates an atmosphere of fear that can inflict lasting damage to states’ economies, with residents afraid to report to work and avoiding areas where the military is deployed. The ongoing military presence in downtown Los Angeles, for example, has sharply decreased consumer activity and harmed businesses so severely that some may never recover. Chicago can expect to face similar economic devastation if the court does not intervene.   

In filing the amicus brief, Attorney General Bonta joins the attorneys general of Maryland, Arizona, Colorado, Connecticut, Delaware, Hawai'i, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia, as well as the states of Kansas, Kentucky, and Pennsylvania. 

A copy of the amicus brief is available here.

BACKGROUND

Attorney General Bonta is committed to holding President Trump and his Administration accountable for overreaching their authority under the law and infringing on Californians’ constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration’s unlawful orders to federalize the California National Guard and utilize National Guard troops and the Marines for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.  

In August, the Attorney General’s Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court’s order is temporarily paused while the Ninth Circuit considers the federal government’s motion for a stay.  

Last week, Attorney General Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration’s deployment of federalized California National Guard troops to Portland, Oregon. Attorney General Bonta has previously supported Oregon Attorney General Dan Rayfield’s and D.C. Attorney General Brian Schwalb’s lawsuits challenging the Trump Administration’s unlawful deployment of National Guard troops to their cities.