Washington DC filed suit against the Trump administration on Thursday over the deployment of the National Guard in the city without consent from local leaders. The lawsuit accuses the president of violating the Constitution and federal law.
DC Attorney General Brian Schwalb filed the suit in US District Court for the District of Columbia. The complaint alleges that the deployment of National Guard troops, absent the mayor’s consent, violates the Home Rule Act. This act establishes local self-governance for DC, providing the district with significant authority over its policies and day-to-day operations. The lawsuit calls on the court to enjoin the deployment, deputization, militarization, and control of the National Guard in DC by the federal government.
Schwalb commented:
Deploying the National Guard to engage in law enforcement is not only unnecessary and unwanted, but it is also dangerous and harmful to the District and its residents… It’s DC today but could be any other city tomorrow. We’ve filed this action to put an end to this illegal federal overreach.
On August 11, Trump issued an executive order declaring a crime emergency in DC. This order called for the federal use and control of the city’s police department to crack down on crime and homelessness.
Since then, Trump issued another executive order on August 25, establishing a “specialized unit” of the National Guard to address crime in DC and other US cities “whenever the circumstances necessitate.” Over 2,200 National Guard troops are currently patrolling DC carrying rifles and conducting law enforcement activities. Federal immigration agents have also been patrolling the city and detaining suspected undocumented immigrants. Trump has since threatened to deploy additional troops to other major US cities such as Chicago, or New Orleans.
White House spokeswoman Abigail Jackson claimed Trump is acting within his presidential authority. She said, “This lawsuit is nothing more than another attempt—at the detriment of DC residents and visitors—to undermine the President’s highly successful operations to stop violent crime in DC.” However, according to data published by DC’s Metropolitan Police, violent crime rates have been falling since 2023, and hit their lowest level in 30 years in 2024.
On Tuesday, a federal judge ruled that Trump’s deployment of the National Guard troops to Los Angeles violated the law. The judge found that Trump’s actions violated the Posse Comitatus Act of 1878, which restricts military forces from enforcing domestic law except where explicitly authorized by the Constitution or Congress. This current suit also alleges a violation of the Posse Comitatus Act. If this opinion is upheld, it could inhibit the administrations current and projected use of federal troops in US cities.
