San Francisco leads amicus brief urging Ninth Circuit to stop federalization of the National Guard

Trump’s unnecessary deployment of the National Guard and military troops in Los Angeles has inflamed tensions and undermined local law enforcement

City Attorney Chiu and Attorney General Rob Bonta speak at a press conference in January 2025.

SAN FRANCISCO, CA (June 16, 2025) – San Francisco City Attorney David Chiu led a coalition of local elected officials, cities, and counties from across the United States in filing an amicus brief yesterday in Newsom v. Trump, urging the Ninth Circuit United States Court of Appeals to stop the Trump Administration’s illegal federalization of the National Guard.

After largely peaceful protests in Los Angeles over Trump’s aggressive Immigration and Customs Enforcement raids, Trump erroneously claimed local law enforcement could not handle the protests and deployed the National Guard and military troops to Los Angeles over the objections of Los Angeles Mayor Karen Bass and California Governor Gavin Newsom. The unlawful and careless deployment has inflamed tensions in Los Angeles and risks undermining local law enforcement’s ability to maintain order while allowing for peaceful protest.

Last week, Governor Newsom filed a lawsuit challenging the federalization of the National Guard and deployment of marines, and Attorney General Bonta secured a temporary restraining order from a Federal District Court requiring the Trump Administration to halt the deployment of the National Guard and return the National Guard to the Governor’s control. The Trump Administration appealed that order to the U.S. Ninth Circuit Court of Appeals, which granted a temporary stay, or pause, of the lower court’s order until the Ninth Circuit can hear the matter. Oral argument before a panel of Ninth Circuit judges will be held tomorrow, Tuesday, June 17 at 12:00pm PST.

“Throughout our country’s history, San Francisco has been the heart of American protests from the Civil Rights Movement, Vietnam War demonstrations, and Black Lives Matter to protests for LGBTQ+ rights and affordable housing,” said City Attorney David Chiu. “We pride ourselves on keeping our communities safe while upholding First Amendment rights. Our local law enforcement have deep experience and expertise in this area that the military simply does not. We want the Court to understand that undermining local law enforcement by needlessly and haphazardly deploying federal forces makes us all less safe.”

Fifty-three mayors, elected officials, cities, and counties from across the United States joined the amicus brief urging the Ninth Circuit to keep the lower court’s temporary restraining order in place enjoining the National Guard deployment in Los Angeles. These amici jurisdictions differ in size, demographics, and policy priorities, but share an interest in keeping their constituents safe while allowing for peaceful public protest.

The vast majority of protests and demonstrations across the United States are peaceful. Through years of experience, local jurisdictions, including San Francisco, have developed policies and practices that balance the free speech rights of residents with public safety needs.

Unlike militarized federal forces, local law enforcement have a keen understanding of their jurisdictions and where protest activity is likely to endanger public safety. They have deep ties to community leaders, and have established information sharing practices and communication channels with other first responders and public agencies.

Local law enforcement are also more accountable to their communities, and their methods of policing often reflect community priorities and concerns. In many states, including California, local law enforcement are subject to rigorous training, civilian oversight around the use of force, and utilize body-worn cameras to document interactions with the public.

For these reasons, federalizing the National Guard or domestically deploying the military should be an absolute last resort where local resources are truly overwhelmed. Deploying federal forces without state and local consent or coordination can pose safety risks for all involved. The presence of concurrent military troops can interfere with local law enforcement’s chain of command, deployment structures, and de-escalation strategies.

The brief argues the President’s actions put local policing goals and practices in jeopardy and raise concerns that any protest in any local community could result in the unnecessary and disruptive deployment of military force.

The amicus brief was led by the City and County of San Francisco. The Public Rights Project and Keker, Van Nest & Peters LLP served as counsel to several amici jurisdictions and officials. The full list of local elected officials, cities, and counties that joined the brief include:

  • City and County of San Francisco, California
  • City of Alameda, California
  • Marilyn Ezzy Ashcraft, Mayor, City of Alameda, California
  • Nikki Fortunato Bas, Supervisor, Alameda County, California
  • Lena Tam, Supervisor, Alameda County, California
  • City of Albuquerque, New Mexico
  • City of Baltimore, Maryland
  • Zohaib “Zo” Qadri, Councilmember, City of Austin, Texas
  • Isabel Piedmont-Smith Councilmember, City of Bloomington, Indiana
  • Michael Dougherty, District Attorney, Boulder County, Colorado
  • Christopher Werner, Councilmember, Town of Brighton, New York
  • Robin Wilt, Councilmember, Town of Brighton, New York
  • Sarah Leonardi, School Board Member, Broward County, Florida
  • Diane M. Ellis-Marseglia, Commissioner and Vice-Chair, Bucks County, Pennsylvania
  • City of Cambridge, Massachusetts
  • Michael Siegrist, Clerk, Canton Township, Michigan
  • Braxton White, Commissioner, Clarion County, Pennsylvania
  • City of Chicago, Illinois
  • Michael Chameides, Supervisor, Columbia County, New York
  • Beau Harbin, Legislator, Cortland County, New York
  • Yasmine-Imani McMorrin, Mayor, City of Culver City, California
  • Bryan “Bubba” Fish, Councilmember, City of Culver City, California
  • County of Dane, Wisconsin
  • City of Evanston, Illinois
  • Heidi Garrido, Councilmember, City of Hopkins, Minnesota
  • Quinton D. Lucas, Mayor, City of Kansas City, Missouri
  • Seema Singh, Councilmember, City of Knoxville, Tennessee
  • Satya Rhodes-Conway, Mayor, City of Madison, Wisconsin
  • Jerald Lentini, Director, Town of Manchester, Connecticut
  • Martin Luther King, Jr. County, Washington
  • City of Minneapolis, Minnesota
  • Susan Hughes-Smith, Legislator, Monroe County, New York
  • Montgomery County, Maryland
  • City of New Haven, Connecticut
  • Christopher Jaramillo, School Board President, Norristown Area School District, Pennsylvania
  • City of Oakland, California
  • Ryan Richardson, City Attorney, City of Oakland, California
  • Robin Denson, Councilmember, Pierce County, Washington
  • City of Pittsburgh, Pennsylvania
  • John Clark, Mayor, Town of Ridgway, Colorado
  • Lisa Kaplan, Councilwoman, City of Sacramento, California
  • City of Sacramento, California
  • Todd Gloria, Mayor, City of San Diego, California
  • Heather Ferbert, City Attorney, City of San Diego, California
  • County of San Mateo, California
  • Jessie Lopez, Councilmember, City of Santa Ana, California
  • County of Santa Clara, California
  • City of Santa Monica, California
  • Caroline Torosis, Mayor Pro Tempore, City of Santa Monica, California
  • Veronica Pillar, Legislator, Tompkins County, New York
  • Andy Brown, Judge, Travis County, Texas
  • Eli Savit, Prosecuting Attorney, Washtenaw County, Michigan
  • City of West Hollywood, California

The case is Gavin Newsom, et al. v. Donald J. Trump, et al., United States Court of Appeals for the Ninth Circuit, Case No. 25-3727. A copy of the amicus brief can be found here.

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