Gov. Newsom Signs Bill Protecting California’s Sovereignty and Guarding Against Unauthorized Military Deployments

LOS ANGELES — Strengthening control over out-of-state military forces on California soil, Gov. Gavin Newsom Sept. 19 signed a bill that would prohibit other state militaries from entering California without the Governor’s explicit permission.

At a time when the Trump administration is increasingly treating states as targets rather than partners, Senate Bill 1354 by Senator Bob Archuleta (D-Pico Rivera) makes clear that California will not surrender its constitutional role, its values, or the rights of the nearly 40 million people who call this state home.

This new law gives the Governor — as commander in chief of California’s militia — a defined role in determining when out-of-state military forces may enter California for state missions.  

The new law prohibits military personnel from another state, territory, or the District of Columbia from entering California to perform military duty or law-enforcement functions without the permission of the Governor. The bill preserves an exception for forces lawfully called into active federal service under Title 10 and acting under the authority of the President or Secretary of Defense.

While this law does not apply to federal active-duty personnel operating under federal Title 10 authority, with the Governor’s signature of this bill, it closes a legal loophole where other states could have deployed their military under Title 32 — even at the President’s suggestion.

Under Title 10, the National Guard is federalized and operates under federal command. The President is commander in chief, and the Guard becomes part of the federal armed forces. Under Title 32, Guard members remain under the command and control of their state governor, while the federal government can provide funding for the mission. Because they remain under state authority, state law can provide for certain domestic law-enforcement and public-safety functions that would be restricted for federal military forces.