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California Gov. Gavin Newsom announced a lawsuit against President Donald Trump on Monday, calling the federal mobilization of National Guard troops in Los Angeles a "manufactured crisis" that threatens constitutional limits on federal power.
The legal challenge comes as tensions escalate between the Trump administration and California over immigration enforcement, with the president suggesting on June 9 that his border czar Tom Homan should arrest Newsom.
"I would do it … I think it would be a great thing," Trump said when asked about arresting the governor, who has challenged the administration's deployment of National Guard troops to address violent protests against immigration raids in Los Angeles. The president also criticized Newsom as "grossly incompetent."
Newsom responded sharply to Trump's comments on social media platform X, writing: "The President of the United States just called for the arrest of a sitting Governor. This is a day I hoped I would never see in America."
In his lawsuit announcement, Newsom argued that Trump's actions represent "an unmistakable step toward authoritarianism that threatens the foundation of our republic." He wrote on X that "the illegal order he signed could allow him to send the military into ANY STATE HE WISHES" and called on governors of both parties to reject what he termed federal overreach.
The dispute centers on Trump's federalization of California's National Guard troops amid protests in Los Angeles over increased immigration enforcement activities. While the president has legal authority to take control of state Guard units through federalization, such troops cannot directly participate in civilian law enforcement unless Trump invokes the Insurrection Act, which allows military force to suppress rebellion against the federal government.
Trump has not invoked the Insurrection Act during the Los Angeles unrest. However, his proclamation federalizing Guard troops extends beyond California and directs guardsmen to "protect" Immigration and Customs Enforcement and other Department of Homeland Security personnel.
Homan, a career law enforcement official and former acting ICE director who now serves on the White House payroll, previously refused to rule out arresting state and local politicians who obstruct federal agents. As border czar, Homan likely does not have direct arrest powers.
The confrontation escalated after Homan threatened arrests for anyone who might interfere with federal immigration operations, prompting Newsom to dare federal authorities to arrest him in a June 8 social media post.
Separately, the Department of Homeland Security requested the activation of 20,000 National Guard members in May to support immigration enforcement under state-controlled authorities that permit direct law enforcement activities.
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