U.S. Senate Democratic Whip Dick Durbin, who serves as Ranking Member of the Senate Judiciary Committee, has joined Senators Adam Schiff and Alex Padilla, along with 16 other Senate Democrats, in submitting an amicus brief to the Ninth Circuit Court of Appeals. The brief is part of a lawsuit against President Trump regarding his deployment of U.S. military forces in Los Angeles earlier this year.
The Trump administration has indicated plans to expand military deployments to Chicago and other cities after increasing immigration enforcement under “Operation Midway Blitz.” Senator Durbin criticized these actions, stating, “Deploying our military to one of our own cities is a scare tactic, a waste of resources, and a constitutional crisis. The President is abusing his role as Commander in Chief and threatening multiple rights guaranteed in our Constitution aimed to protect us from dictatorship. As he threatens to bring his scare tactics to Chicago, the courts must clarify and rule against these abuses that undermine our national security.”
The State of California initiated the lawsuit following President Trump’s order deploying thousands from the California National Guard and U.S. Marine Corps into Los Angeles without legal justification or approval from state or local officials.
Senator Schiff commented on the motives behind the deployment: “Donald Trump made his true motives for the deployment of our military in Los Angeles plain – instead of improving safety, he is focused on spectacle; instead of protecting Americans, he is punishing cities and states he believes are against him. Trump’s abuse of power is clear, illegal, and unconstitutional – and our arguments to the Court explain why this case must be the line drawn in the sand to prevent further misuse of our servicemembers on the streets of American cities.”
Senator Padilla added concerns about broader implications: “Donald Trump’s militarized spectacle in Los Angeles was a blatantly unlawful attempt to distract from his failing political agenda and enact his cruel mass deportation agenda. Trump’s deployment of the military to ‘blue’ cities across America has never been about public safety — it’s about retribution and control,” said Padilla. “This abuse of power is a threat to much more than just California or immigrant communities: if the Circuit Court allows the President to bypass the Governor of California to federalize the National Guard to suppress peaceful protests for immigrants’ rights, what’s to stop him from suppressing other rights across the country? Our arguments to the Court make clear that Trump’s unprecedented militarization of Los Angeles should not be used as a playbook for terrorizing other cities across America.”
The Senators’ brief warns that continued judicial deference could allow further misuse: “Our concern that President Trump will continue to act in bad faith and abuse his power is borne out by his recent deployment of state militias to Washington, D.C. and his stated intent to deploy state militias in other blue’ cities,” according to their filing.
Other signatories include Senators Angela Alsobrooks, Michael Bennet, Richard Blumenthal, Lisa Blunt Rochester, Cory Booker, Tammy Duckworth, John Hickenlooper, Mazie Hirono, Edward Markey, Jeff Merkley, Bernard Sanders (I-VT), Chris Van Hollen, Elizabeth Warren, Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden.
Since threats began regarding potential deployments under Operation Midway Blitz—which increased immigration raids—Durbin has spoken out on both local violence prevention efforts and concerns over using military force domestically rather than cooperating with local leaders.
Durbin also visited a Navy base reportedly being used by federal officials for logistical support related to these actions.
