Members of the National Guard stationed outside Union Station in Washington, D.C., on Aug. 18, 2025. (Photo by Jane Norman/States Newsroom)

The District of Columbia’s attorney general sued the Trump administration Thursday over the ongoing presence of National Guard troops in the nation’s capital, arguing the deployment amounts to a military occupation that violates the district’s right to self-rule.

President Donald Trump’s deployment of D.C. National Guard troops and units from states outside the district violates laws against using the military for domestic law enforcement and a 1973 federal law allowing the district to govern itself, D.C. Attorney General Brian L. Schwalb wrote in a complaint in federal court in the district.

“No American jurisdiction should be involuntarily subjected to military occupation,” the complaint says, adding that Trump’s “command and control of out-of-state National Guard units when they are in state militia status violates the Constitution and federal law.”

The administration’s actions, which Trump has characterized as an attempt to control crime in the city, “flout the Posse Comitatus Act,” a 19th-century law, and other sections of federal law that “enshrine the nation’s foundational prohibition on the participation of military forces in domestic law enforcement absent the most extreme exigencies, such as an invasion or rebellion,” the complaint said.

“Defendants have established a massive, seemingly indefinite law enforcement operation in the District subject to direct military command. The danger that such an operation poses to individual liberty and democratic rule is self-evident,” the complaint said.

Despite a Tuesday morning ruling from a federal judge in California that called Trump’s use of military personnel for law enforcement in Los Angeles illegal, the president has continued to explore further use of Guard units for what he said is crime prevention in other U.S. cities. 

The suit asks U.S. District Judge Jia Cobb to block the administration from any further use of National Guard troops for law enforcement and to block states’ National Guard troops from operating in the district. 

White House spokespeople did not return a message seeking comment Thursday.

Out-of-state Guard deployments questioned

States with a military presence in the district cited in the suit are Louisiana, South Dakota, Ohio, West Virginia, Tennessee, Mississippi and South Carolina.

Those states’ Republican governors all responded to requests from Trump to send Guard troops, according to the complaint.

But Trump did not federalize any of the state National Guard units patrolling the district, meaning they remain legally under the command of their governors and cannot enter another state or the district without a request from the governor or the mayor of Washington, D.C., according to the suit.

Late last month, Schwalb’s office sent letters to the leaders of states that had deployed troops to the district, asking for information “regarding the factual and legal basis for” their decision to send troops.

Only Tennessee responded, and offered only limited information, the complaint said.

While legally still under their governors’ control, the suit says the out-of-state troops are in practice under the control of Trump and the U.S. Department of Defense.

Police-military separation tested by Trump

As president, Trump does control the D.C. National Guard. But he cannot use its members for domestic law enforcement under the Posse Comitatus Act, the complaint said.

D.C. and out-of-state National Guard troops have been doing just that, the complaint said. 

U.S. Marshals, a federal law enforcement agency, has deputized at least some troops in the district. The troops, who are armed with service weapons, have patrolled district streets, including in residential areas, the complaint said.

“These are law enforcement activities,” the suit said.

While the 9th U.S. Circuit Court of Appeals ruled this year that Trump has broad authority to federalize state National Guard troops — even over a governor’s objection — U.S. District Judge Charles R. Breyer ruled this week that those troops still may not engage in law enforcement activity.

Trump, who has mused about sending troops to other cities including Chicago, Baltimore and New Orleans, is testing the legal limits of the Guard’s ability to assist police forces, University of Houston Law Center Professor Christopher Mirasola said in an interview this week before the District of Columbia suit was filed. 

While a bedrock principle of U.S. democracy, the separation of military from law enforcement is governed more by norms than laws, Mirasola said, giving the administration leeway to at least try to stretch what has been considered acceptable.

“The administration is pushing the bounds of every existing legal theory that’s out there for domestic military deployment,” he said. “It’s absolutely corrosive of our democracy, because I think there’s a potential for a real shift in how we think about the military’s role in our domestic affairs.”

A homeless encampment near the Lincoln Memorial is cleared by employees of the Washington, D.C., government on Aug. 14, 2025. City officials put notices at the camp that they would be breaking it down after President Donald Trump issued his "crime emergency" order. (Photo by Win McNamee/Getty Images)

WASHINGTON — Officials have already cleared dozens of homeless encampments in the District of Columbia in recent days as President Donald Trump’s federal takeover of the nation’s capital for a “crime emergency” at the same time takes aim at people without housing.

Advocates working to end homelessness within the district and across the country raised alarm to States Newsroom over these removals and their impact on people without housing and the providers trying to serve them. The drive to push out homeless people came after Trump in July signed an executive order that attempts to overhaul federal policy on homelessness, declaring: “Endemic vagrancy, disorderly behavior, sudden confrontations, and violent attacks have made our cities unsafe.”

Multi-agency teams had eliminated 48 encampments in the District of Columbia as of Tuesday, White House press secretary Karoline Leavitt said at a briefing. 

Metropolitan Police Department patrol units “are actively working with city officials to locate and clear additional encampments and remove homeless residents off of Washington’s streets,” she said.

Leavitt told reporters days prior that homeless people in the city would be “given the option to leave their encampment, to be taken to a homeless shelter, to be offered addiction or mental health services,” and would be “susceptible” to fines or jail time if they refused.

A day before Trump declared his “crime emergency” in Washington, D.C., on Aug. 11, the president wrote on social media that homeless people must move out “IMMEDIATELY.”

“We will give you places to stay, but FAR from the Capital,” he wrote. 

Days later, bulldozers and garbage trucks were at work dismantling campsites.

According to WTOP News last week, leaders in the surrounding area of Montgomery County, Maryland, were preparing for a potential rise of homeless people in the county as a result of the president’s crackdown.

An annual point-in-time count released in May from the Metropolitan Washington Council of Governments saw 5,138 people experiencing homelessness in the district on one night in 2025 — a 9% decrease compared to 2024.

Homeless people’s belongings tossed

Jesse Rabinowitz, campaign and communications director at the National Homelessness Law Center, said “things seem so fluid and so chaotic that it’s hard to get an accurate representation” of where Trump’s campaign to get homeless people out of sight stands.

Rabinowitz said last week he witnessed the tossing of people’s belongings and the evictions of people experiencing homelessness, noting that “it was fast, it was chaotic, it was expensive, and it didn’t help anybody.”

“We know that clearing encampments makes it harder for people to get into housing,” he added. “People’s IDs that they need to get into housing are destroyed, people’s medications that they need to stay healthy are thrown away, people’s bikes that they need to get to work are often trashed.”

Ann Oliva, CEO of the National Alliance to End Homelessness, said the practice and policy of fining, ticketing and arresting people rather than creating housing and services for them is “devastating” — both to people experiencing homelessness and the providers who serve them.

Oliva said outreach workers can lose track of people that they’ve been working with for a long time, destroying trust between the two.

“That’s some of what I’ve seen over the last week here — as providers are trying to keep people as safe as possible, it’s getting harder to track them down to make sure that they can provide the services that are necessary for folks.”

Street outreach teams at work

Lara Pukatch, chief advocacy officer at Miriam’s Kitchen, said the organization, which works to end chronic homelessness in Washington, D.C., is “deeply concerned about what’s happening.”

Pukatch said the group’s street outreach teams “have really been working almost around the clock to address what’s going on,” including sharing information with people living outside when they hear about threats of encampment evictions to make sure they know what’s happening and the options they have.

“This also involves working nights, working weekends, connecting people to the life-saving supplies and supports that they’ve always needed, but in addition, really working hard with people to make sure that they’re safe and that they are not going to be further harmed or traumatized by what’s happening in the city.”

July executive order

Trump’s federal takeover in Washington, D.C., and the encampment clearings build off of the sweeping July executive order he signed.

The order says it aims to end federal support for “Housing First” policies that “deprioritize accountability and fail to promote treatment, recovery, and self-sufficiency.” The “Housing First” model focuses on providing immediate housing, with services offered afterward.

The order also calls on Housing and Urban Development Secretary Scott Turner to ensure that programs receiving federal housing and homelessness assistance require people with “substance use disorder or serious mental illness” obtain treatment or mental health services in order to participate.

Part of the order also encourages involuntary civil commitment expansion, where individuals with mental health conditions are placed into treatment facilities against their wishes.

Administration officials who say they are fighting crime in the district have also emphasized actions of homeless people. Vice President JD Vance, talking to National Guard troops at Union Station on Wednesday with Defense Secretary Pete Hegseth, said when he visited the transit center with his children two years ago, they were “screamed at by violent vagrants and it was scaring the hell out of my kids.” 

Now, he said, “DC is already safer than it was nine days ago. We’re going to make it safer still to come. This is your city. You should feel free to come and visit here, have a meal, see all these incredible monuments, and actually enjoy yourself.”

Supreme Court decision

Oliva, of the National Alliance to End Homelessness, noted that while the events of the past week are “certainly alarming,” they mark a broader trend that has gained steam, beginning with the 2024 Supreme Court decision that allowed cities to punish homeless people for sleeping outdoors, even where there is no shelter available to them.

“What we’ve seen since President Trump came into office is a series of policies put in place — or attempted to put in place — through executive orders that really don’t do anything to address the root causes of homelessness because we know that homelessness itself is not actually a criminal issue, it’s an economic issue,” she said.

Though the president’s federal takeover has a 30-day limit, Trump wants an extension, leading to questions about how long these actions will continue. 

Police officers set up a roadside checkpoint on 14th Street Northwest on Aug. 13, 2025 in Washington, D.C.  (Photo by Tasos Katopodis/Getty Images)

WASHINGTON — Local leaders and advocates Thursday said that President Donald Trump’s decision to seize the District of Columbia’s 3,400-member police force and deploy 800 National Guard members is a continuation of his administration’s immigration crackdown.

Since the president’s decision Monday to invoke the district’s Home Rule Act, checkpoints are being set up in busy neighborhoods, bulldozers are clearing out tents of people experiencing homelessness and Republican governors are volunteering their own National Guard members to bolster the president’s federalization of the district’s 68 square miles.

Videos of masked law enforcement officers making Washingtonians step out of their cars and conducting arrests have been posted on social media by journalists, drawing concern over civil liberties.

While Trump’s control of the district’s police force ends in 28 days, he’s signaled he wants Congress to extend his authority to deter the “crime emergency.”

Advocates questioned the situation. “There does appear to be evidence that non (Metropolitan Police Department) federal authorities may have exceeded the lawful bounds at some of those traffic stops … and there will be accountability if the law is violated,” said Norm Eisen, the executive chair of Democracy Defenders Fund, a litigation organization that has challenged many of the Trump administration’s actions, in a call with reporters.

Trump predicts enforcement ‘all over the country’

The checkpoints have drawn backlash from district residents and local elected leaders.

In a statement, district Councilmember Brianne Nadeau criticized the immigration enforcement at checkpoints.

“Last night what would have been a routine MPD traffic safety operation was co-opted by federal law enforcement agents,” she said. “Agents who are not trained in D.C. law. Agents who do not know our community. Agents who were not seeking to address traffic safety but rather were interrogating drivers on their immigration status.”

Trump Thursday said that law enforcement using the checkpoints as immigration enforcement was “a great step.”

“I think that’s going to happen all over the country,” the president told reporters at the White House after signing a proclamation celebrating Social Security‘s 90th birthday. “We want to stop crime.”

Violent crime in the district is at a historic 30-year low, according to the Department of Justice.

Eisen called the checkpoints unlawful.

“They’re using it as an immigration control checkpoint,” he said. “That is illegal.” 

Bulldozing camps for homeless people

Homeless camps across the district are also being cleared as part of the president’s directive.

Trump Wednesday signaled that he plans to send a request to Congress for “a relatively small amount of money” to make improvements to the district.

White House press secretary Karoline Leavitt said Tuesday that if those people experiencing homelessness don’t agree to go to a shelter, they could face fines or jail.

“The homeless problem has ravaged the city,” Leavitt said. “Homeless individuals will be given the option to leave their encampment, to be taken to a homeless shelter, to be offered addiction or mental health services, and if they refuse, they will be susceptible to fines or to jail time.”

The district has faced a backlog in getting vouchers to those experiencing homelessness, according to Street Sense Media, a news outlet that focuses on reporting on homelessness in the district.

Local police to aid feds on immigration actions

The district’s police chief Thursday issued a new executive order allowing local police to aid federal officials in immigration enforcement for immigrants not in police custody.

The new order does not change the district’s law that prohibits local police from sharing information with federal immigration officials about people in police custody. It’s a policy for which Trump has criticized the city, calling it a “sanctuary city,” but the policy does not bar immigration enforcement.

Trump called Thursday’s executive order “a very positive thing,” especially at checkpoints in the district.

“When they stop people, they find they’re illegal, they report them, they give them to us,” he said.

Since taking office for a second term, the president has intertwined military involvement in immigration enforcement, such as sending thousands of troops to the southern border and deploying thousands of National Guard members to Los Angeles after protests sparked by the Trump administration’s immigration crackdown.

More National Guard movements possible

Additionally, the Trump administration is evaluating plans to establish a “Domestic Civil Disturbance Quick Reaction Force” composed of 600 National Guard members to remain on stand-by in order to be quickly deployed to any U.S. city undergoing a protest or other civil unrest within an hour, according to documents obtained by The Washington Post.

On Wednesday, in another new twist, Republican Tennessee Gov. Bill Lee said he’s prepared to send his National Guard members to the district. Lee added that U.S. Army Secretary Daniel Driscoll told him that the military might request states  send troops to the district for law enforcement.

The Posse Comitatus Act of 1878 generally bars the use of the military for domestic law enforcement purposes.

While the president has stated he also wants to send in National Guard members to other cities – Baltimore, Chicago, New York City and Oakland – all heavily Democratic cities led by Black mayors, like he has done with the district, it can’t be replicated, said Abbe Lowell, a high-profile defense attorney.

“One thing that people need to remember about his assault on the District of Columbia, it is a very unique legal framework because of the Home Rule Act that gives him some ability to do something which he does not have in other states and cities where the governors still have some or the primary control over things like the National Guard,” said Lowell, who was with Eisen on the call with reporters.

A trial is underway this week challenging Trump’s move to federalize California National Guard members, in a suit filed by Democratic Gov. Gavin Newsom, after an appeals court temporarily upheld Trump’s move.

‘Racial undertones’ cited by Baltimore mayor

Baltimore Mayor Brandon M. Scott said Trump’s singling out of those cities, including the district, can’t be ignored.

“Every city that he called out had a Black mayor, and we’re talking about Black-led cities,” he said on the call with Eisen and Lowell. “We cannot overstate the racial undertones here.”

Scott also criticized the Trump administration for pulling federal law enforcement officers – Drug Enforcement Agency, Homeland Security Investigations, FBI, Customs and Border Patrol – from their duties. Instead they are “patrolling neighbors of Washington DC, stopping residents and checking cars instead of doing their actual jobs,” Scott said.

“If the president really wants to help these cities continue to lower violence and crime, he could go back to sending agents to their actual agencies and having them help us work on gun trafficking, work on violent drug organizations, and not taking these agents off to work on this immigration brigade that he’s had them on,” Scott said.

He added that he’s working closely with Maryland Democratic Gov. Wes Moore and “we’ll be prepared to take any legal and any other action that we need to take.”

Moore, who served in the U.S. Army, has criticized the president for calling in the National Guard to the district and raised concerns that service members do not have the same training as police officers.

Trump brushed those concerns off on Thursday.

“They’re trained in common sense,” the president said of National Guard members.

Emergencies

Eisen said Trump’s actions in the district are part of the president’s pattern of invoking “non-emergencies.”

On Inauguration Day, Trump declared a national emergency at the border, despite low levels of immigration.

In March, he invoked the Alien Enemies Act of 1798, a wartime law only used three times previously.

Trump’s decision to declare a “crime emergency” in the district earlier this week came after a former U.S. Department of Government Efficiency, or DOGE, official was injured in an attempted carjacking incident around 3 a.m. Eastern near the Logan Circle neighborhood. Two Maryland teenagers were arrested on charges of unarmed carjacking in connection with the incident.

“Well, what he’s doing in the District of Columbia, including illegal traffic stops, what he’s doing is of a piece with that dictatorial approach,” Eisen said of the president.