Judge rules DC faced ‘irreparable harm’ from Trump admin's unauthorized National Guard deployment
WASHINGTON, DC: A federal judge in Washington has ruled that the Trump administration’s deployment of the District of Columbia National Guard (DCNG), along with out-of-state National Guard troops, is unlawful, concluding that the District’s sovereign powers were infringed.
“The Court finds that the District has demonstrated irreparable harm from Defendants’ infringements on its ability to exercise sovereign powers within its jurisdiction,” Judge Jia Cobb wrote.
Judge rules administration lacks authority to deploy troops
She further held that the administration lacked “authority under DC law to support their deployment of the DCNG and have exceeded the bounds of their statutory authority ... in requesting the deployment of out-of-state National Guards.”
In her ruling, Cobb also found the administration’s actions to be an improper usurpation of the District of Columbia’s self-governing powers under the Home Rule Act, a key element of the city’s limited autonomy.
Order stayed for 21 days to allow appeal
While the ruling is sweeping, it will not take immediate effect. Judge Cobb paused her own order for 21 days, until December 11, to give the Trump administration time to appeal.
The stay will also provide room for the Supreme Court to rule on a separate Illinois National Guard emergency docket case, which legal experts say could directly affect the parameters of Guard deployments in Washington.
Administration lawyers argued that federal law gives the president broad authority to deploy Guard forces in the capital to address crime and protect federal sites.
The court rejected this, ruling that the president cannot use Guard personnel for routine law-enforcement activities in DC without local approval or proper federalization procedures.
Broader fight over National Guard deployment and DC autonomy
The ruling is now poised to reshape how and when presidents can use the National Guard inside the United States, especially in Washington, DC, a jurisdiction unique in that it is not a state and falls under congressional authority but exercises limited self-governance.
This legal challenge emerged after President Trump declared a “crime emergency” in the capital over the summer and mobilized more than 2,000 Guard troops from multiple states.
DC Attorney General Brian Schwalb argued the deployment amounted to an “involuntary military occupation,” claiming that it violated both Title 32 laws and the Home Rule Act.
The decision arrives as several cities, including Chicago, Portland and Los Angeles, are embroiled in litigation over similar Guard deployments.
If upheld, Cobb’s ruling would significantly narrow presidential authority to deploy military or quasi-military forces for domestic policing purposes without explicit statutory approval or state consent.
