The Presiding Judge of the Los Angeles Office of the WCAB issued a notice early this week that he “just received word from our DIR safety and security detail that the WCAB Los Angeles District Office will be closed the remainder of this week due to the civil unrest that has been occurring for the last five days.” The announcement went on to say that in person hearings will proceed using the Court Call platform.
This office of the WCAB is located in the downtown Los Angeles area in close proximity to the federal buildings which are the center of attention of civil unrest related to protests over recent Immigration and Customs Enforcement (ICE) activity in the County and City of Los Angeles. ICE is a federal law enforcement agency under the U.S. Department of Homeland Security. Its primary mission is to enforce immigration laws and customs regulations in the United States.
On November 19, 2024, the Los Angeles City Council unanimously passed a sanctuary city ordinance (13-0 vote, with two council members absent) that prohibits the use of city resources, property, or personnel for federal immigration enforcement. This ordinance codifies protections for immigrants into municipal law, including barring city employees from inquiring about or sharing information on immigration status and prohibiting cooperation with federal immigration agents unless required by state law. It was signed into effect by Mayor Karen Bass and went into effect within 10 days due to an urgency clause. A revised version of the ordinance, approved on December 4, 2024, included exceptions for cases involving individuals convicted of serious felony crimes, allowing limited cooperation with federal authorities in such instances.
The County of Los Angeles has not formally declared itself a “sanctuary county” through a specific ordinance or resolution, unlike the City of Los Angeles. However, it is listed by the Department of Homeland Security (DHS) as a “sanctuary jurisdiction” due to policies that limit cooperation with federal immigration enforcement. These policies align with California’s Senate Bill 54 (SB 54), the California Values Act of 2017, which restricts local and state agencies from cooperating with Immigration and Customs Enforcement (ICE) on immigration enforcement for individuals who have committed misdemeanors.
The current Los Angeles protests, which began on June 6, 2025, have included demands for the release of ICE detainees held in downtown Los Angeles, particularly at the Metropolitan Detention Center and the Edward R. Roybal Federal Building. Hundreds of protesters have rallied outside these federal facilities, condemning the ICE raids that resulted in at least 44 arrests across the city on June 6. Demonstrators, including community organizers and families of detainees, have specifically called for the release of those detained, such as Service Employees International Union (SEIU) California President David Huerta, who was arrested during the raids. Protests have involved blocking entrances to federal buildings and clashing with law enforcement, leading to the deployment of tear gas, flash-bang grenades, and less-lethal munitions by federal agents and the Los Angeles Police Department (LAPD).
Now a political turf war has been launched after President Trump issued a Memorandum on June 7, 2025 “call[ing] into Federal service members and units of the National Guard.” Secretary of Defense Hegseth, in turn, issued a Memorandum (DOD Order) that same day to the Adjutant General of California, ordering 2,000 California National Guard members into federal service. And on June 9, 2025, Secretary Hegseth issued another Memorandum (June 9 DOD Order) ordering an additional 2,000 California National Guard members into federal service.
This federal activity was based upon presidential authority created by federal law 10 U.S.C. §12406 which provides in part that whenever “(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or (3) the President is unable with the regular forces to execute the laws of the United States;” …. “the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebacllion, or execute those laws. Orders for these purposes shall be issued through the governors of the States..”
In response, on June 9th Governor Newsome filed case 3:25-cv-04870 in United States District Court for the Northern District of California alleging that 10 U.S.C. §12406 does not authorize President Trump to call the National Guard into Federal service unless the “State requests or consents to federal control.” In this case the lawsuit asserts that Governor Gavin Newsom did not request or consent to the federal control of the State National Guard.
Concurrently he filed an Ex-Parte Motion for a Temporary Restraining Order against Pete Hegseth, in his official capacity as Secretary of the Department of Defense, and the United States Department of Defense from taking any of the actions described in Plaintiffs’ contemporaneously-filed Proposed Order and Order to Show Cause.
According the the Docket, responses to the request for a TRO are due by 6/11/2025, and replies are due by 6/12/2025. The Motion Hearing is set for 6/12/2025 at 1:30 PM in San Francisco, Courtroom 06, 17th Floor, and by videoconference (Zoom Webinar) before Judge Charles R. Breyer. All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb. Zoom guidance and setup can be found at https://www.cand.uscourts.gov/zoom/.