D.C. attorney general sues to end federal National Guard deployment
On Sept. 4, 2025, Washington, D.C. Attorney General Brian L. Schwalb filed suit seeking to end a federal deployment of nearly 2,300 National Guard troops from seven states that have been in the District since Aug. 11, calling the presence an unlawful military occupation that exceeds presidential authority and impinges on local self government.
Key Takeaways
- The suit was filed on Sept. 4, 2025 by D.C. Attorney General Brian L. Schwalb.
- About 2,300 National Guard members from seven states have been stationed in D.C. since Aug. 11.
- The complaint says troops were placed under Defense Department command and later deputized by the U.S. Marshals Service to perform law enforcement duties.
- Schwalb argues the deployment violates the Home Rule Act and constitutional limits on federal control of state militias.
- The president’s emergency deployment authority is 30 days unless Congress acts, leaving the surge set to expire Sept. 10 unless extended.
- The complaint warns of harms to public trust, community-police relations and the local economy, especially restaurants and hospitality.
- Local union and policing leaders say the long-term aim is restoring full Metropolitan Police Department responsibility.
Verified Facts
The complaint, filed Sept. 4, 2025, names federal officials and seeks a court order to end the National Guard presence in the District. Attorney General Schwalb characterizes the deployment as a form of military occupation that unlawfully supersedes D.C. authority.
Federal records and the complaint state that nearly 2,300 troops from seven states were sent to Washington beginning Aug. 11. The suit alleges the forces were placed under the command of the Department of Defense and that some were later deputized by the U.S. Marshals Service to carry out what the complaint describes as law enforcement activities.
Legally, the complaint cites the Home Rule Act and constitutional protections governing state militias. It notes that the president’s emergency deployment under current statutes normally lasts 30 days unless Congress votes to extend that period, which would make the deployment due to expire on Sept. 10 unless lawmakers act.
The attorney general also contends the federal government is improperly asserting command over state militias without formally federalizing them, a move he says may breach both federal statute and the Constitution.
Context & Impact
Schwalb’s lawsuit arrives amid broader national debate over the use of federal forces in cities. Officials who support the deployments say they are intended to back local agencies and prevent crime, while critics argue they risk undermining local governance and civil liberties.
The complaint warns of tangible local effects. Business groups report lost foot traffic and customer hesitation during the surge. The Restaurant Association Metropolitan Washington extended its summer restaurant week in August to help draw customers while the deployment is ongoing.
- Public trust: The suit says visible federal troops may erode residents’ trust in local law enforcement.
- Civic tensions: Increased federal presence could inflame protests or heighten confrontations.
- Economic pressure: Hospitality and retail businesses have reported reduced patronage during the surge.
- Legal precedent: A court ruling could clarify limits on federal control of state militias and on the Home Rule Act.
Schwalb described the deployment as an unlawful military occupation and asked the courts to restore local authority immediately.
Office of the Attorney General for the District of Columbia
Unconfirmed
- Whether federal officials intended to place the Metropolitan Police Department under permanent federal control.
- Whether Congress will vote to extend the deployment beyond Sept. 10, 2025.
- Specific operational orders that directed Guard troops to perform law enforcement tasks, aside from allegations in the complaint.
Bottom Line
The lawsuit sets up a near-term legal test of how far the federal government may deploy and direct National Guard forces in the District. A court decision before Sept. 10 could end the current deployment or establish new limits on the use of federal troops in local policing roles; if the case continues, broader legal and political questions about D.C. autonomy and federal emergency powers will likely follow.