January 16, 2026
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Democratic AGs Detail Legal Fight That Forced Trump to End Contested National Guard Deployments

The article recounts how Democratic attorneys general in California, Oregon and Illinois waged a coordinated, largely behind‑the‑scenes legal campaign that culminated in a recent Supreme Court ruling against the Trump administration’s federalization and deployment of National Guard units over their governors’ objections. After Trump sent more than 4,000 California Guard members and Marines into downtown Los Angeles in June 2025 to “protect” immigration officers during protests—citing a little‑used 19th‑century statute, 10 U.S.C. § 12406—the same mechanism was invoked to deploy Guard troops into other Democratic‑led cities despite crime data and lower‑court findings that undercut White House claims of rampant violence. Anticipating such moves even before Trump’s reelection, blue‑state AGs spent months researching the sparse case law, sharing drafts and strategy in real time to attack the administration’s novel reading of §12406 and to frame the issue as a constitutional overreach into state control of their own Guard units. Earlier this month, the Supreme Court sided with Illinois in a key case, prompting Trump to pull hundreds of federalized Guard troops out of California, Oregon and Illinois and marking the first major high‑court rebuke of his second‑term domestic military deployments. The piece underscores that, beyond viral protest imagery and Trump’s social‑media rhetoric, it was technical federalism doctrine and emergency litigation that ultimately checked the president’s claimed authority to put troops on U.S. streets without state consent.

National Guard & Federalism Donald Trump Courts and Constitutional Law

📌 Key Facts

  • In June 2025, Trump seized control of California’s National Guard over Gov. Gavin Newsom’s objections and deployed more than 4,000 Guard troops plus Marines into downtown Los Angeles during anti‑ICE protests.
  • The administration relied on 10 U.S.C. § 12406, a rarely used 19th‑century statute with little precedent, to justify federalizing Guard units in California, Oregon and Illinois.
  • Earlier in January 2026, the Supreme Court ruled against the administration in the Illinois case, leading Trump to withdraw hundreds of National Guard troops from the three states.
  • Attorneys general Rob Bonta (California) and Dan Rayfield (Oregon) describe months of advance preparation and near‑constant interstate coordination to challenge the deployments as an unprecedented intrusion on state control of the Guard.

📊 Relevant Data

The law 10 U.S.C. § 12406, which allows the President to federalize National Guard units, has rarely been invoked, with its predecessor enacted in 1903 as part of a overhaul of state militias, and the first known invocation occurring in 2025 for domestic purposes.

The Governor's Role in Federalizing the National Guard Under 10 U.S.C. § 12406 — Lawfare

Assaults on ICE law enforcement officers increased by more than 1,150% compared to the previous administration, with 66 vehicular attacks from January 21, 2025, to January 7, 2026, versus only 2 in the prior equivalent period.

Radical Rhetoric by Sanctuary Politicians Leads to an Unprecedented 1,300% Increase in Assaults on ICE Officers — U.S. Department of Homeland Security

Violent crime in major U.S. cities, including Los Angeles, Portland, and Chicago, declined substantially in 2025, with homicides dropping by 30% in Chicago, 51% in Portland, and overall violent crime falling 4% nationally.

Crime Trends in U.S. Cities: Mid-Year 2025 Update — Council on Criminal Justice

California's foreign-born population grew by 61% from 1990 to 2022, reaching 10.4 million, but the overall U.S. immigrant population declined by more than a million as of June 2025, marking the first drop since the 1960s.

How Has California's Immigrant Population Changed over Time? — Public Policy Institute of California

Mass migration to the U.S. in the 2020s has been driven by turmoil in countries like Haiti, Ukraine, and Venezuela, leading to desperate flights, facilitated by smuggler networks and economic factors such as poverty and crime in origin countries.

Recent Immigration Surge Has Been Largest in U.S. History — The New York Times

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