DC National Guard Deployment Challenge

A pro-democracy lawsuit seeking to stop the Trump administration’s deployment of out-of-state National Guard troops within the District of Columbia.

Background

The District of Columbia (D.C.) filed a lawsuit in federal district court challenging the Trump administration’s deployment of National Guard troops from several states across the District. D.C. asserts that the Department of Defense (DOD), Department of Justice (DOJ), and U.S. Marshals Service violated the Administrative Procedures Act (APA) and U.S. Constitution. 

D.C. argues that the DOD and DOJ violated the APA by acting in contradiction to Title 32, which allows the president to deploy a state’s National Guard out of state with the governor’s consent while remaining under state control. D.C. claims that when the out-of-state National Guard troops arrived in the District, the DOD and DOJ “seized command and control” by ordering them to become deputized by the U.S. Marshals Service to perform law enforcement functions. These actions effectively federalized the troops by removing operational control from state governors, in contradiction with Title 32 and a violation of the APA.

D.C. also asserts that when Congress passed the Home Rule Act it intended to grant residents “powers of local self government” and authority over “local District matters.” By federalizing out-of-state troops and overriding the mayor’s distinct authority within the act to oversee law enforcement in the District, the administration violated the Constitution’s separation of powers, Take Care Clause, and District Clause.

D.C. seeks an end to the out-of-state troop deployment in the District.

Why It Matters

The Trump administration is threatening to deploy out-of-state National Guard troops to Democratic-run cities across the country. These potential takeovers represent a deeply troubling and anti-democratic attempt to extend federal power and trample the authority of sovereign states and their populations.

Latest Updates

• Jan. 6, 2026: D.C. asked the district court to proceed to summary judgment on the remaining claims from their complaint to speed up proceedings in the D.C. Circuit.
• Dec. 17, 2025: The D.C. Circuit formally paused pending appeal the district court’s Nov. 20 ruling blocking National Guard troop deployments within the District.
• Dec. 4, 2025: The D.C. Circuit paused the district court’s order pending further review of the case.
• Nov. 26, 2025: The Trump administration asked the D.C. Circuit to pause the district court’s ruling pending appeal.
• Nov. 25, 2025: The Trump administration appealed the preliminary injunction to the D.C. Circuit.
• Nov. 20, 2025: The district court granted D.C.’s motion for a preliminary injunction, blocking National Guard troop deployments within the District. The order will go in to effect on Dec. 11, 2025.
• Oct. 24, 2025: The district court heard arguments on D.C.’s motion for preliminary injunction and defendants’ motion to dismiss.
• Sept. 19, 2025: The district court ordered defendants to respond to a narrower production of documents during discovery and reply to plaintiff’s interrogatories.
• Sept. 9, 2025: D.C. filed motions for preliminary injunction and expedited discovery.
• Sept. 4, 2025: D.C. filed their complaint.