The Department of Justice issued an order Friday evening directing the Metropolitan Police Department to assist with federal immigration law enforcement regardless of D.C.’s sanctuary laws following a lawsuit over how much power the federal government can exert over the District’s police force.
D.C. Attorney General Brian Schwalb sued President Donald Trump Friday following his “brazen usurpation” of the District’s ability to self-govern, moving to bar U.S. Attorney General Pam Bondi from continuing to control the Metropolitan Police Department. At a Friday afternoon hearing, District of Columbia District Court Judge Ana C. Reyes told lawyers from the Trump administration and D.C. to negotiate a deal to avoid judicial intervention, leading to an agreement between the two sides that keeps the current MPD police chief, Pamela Smith, in charge of the department.
Hours after the hearing, U.S. Attorney General Pam Bondi issued another order which, while mostly similar to the one at issue in the hearing, omits a line that purported to install Drug Enforcement Administrator Terry Cole as “emergency police commissioner.”
In a court hearing Friday, Reyes persuaded the Justice Department to edit Bondi’s order and make Cole report to D.C. Mayor Muriel Bowser, effectively stripping him of his role as “emergency police commissioner.”
Judge Reyes did not issue a ruling after the hearing on issues like whether the president is authorized to unilaterally install an “emergency” police commissioner or if doing so would violate the Constitution’s separation of powers.
The lawsuit said Trump’s executive order invoking Section 740 of D.C.’s Home Rule Act — which allows the president to assume control of the police under “conditions of an emergency nature” — and Bondi’s follow up order “far exceeds” the president’s authority under the Home Rule Act. The suit comes after Trump moved to take control of the MPD on Monday, while deploying the National Guard to patrol the streets of the District to curb crime in the city.
Schwalb said in a release announcing the lawsuit that the Trump administration’s “hostile” takeover of the MPD infringes on D.C.’s right to self-governance. He added the move is putting the safety of D.C. residents and visitors at risk.
“The Administration’s unlawful actions are an affront to the dignity and autonomy of the 700,000 Americans who call DC home,” Schwalb said. “This is the gravest threat to Home Rule that the District has ever faced, and we are fighting to stop it.”
Bondi named Cole the “emergency police commissioner” of the MPD Thursday. Within hours of Bondi’s order, Schwalb issued an opinion stating that the order was “unlawful” and unenforceable.
D.C. Mayor Muriel Bowser posted a copy of the opinion on X 30 minutes later, stating there is “no statute” granting the District’s authority to hire and fire personnel — like Smith — to a “federal figure.”
Bondi’s order also required MPD to suspend its policies on limiting cooperation with federal immigration authorities, which comes as Immigration and Customs Enforcement officers were seen patrolling the streets of D.C. throughout this past week.
On Thursday, Smith signed an executive order allowing MPD to share information about people not in their custody with immigration authorities and assist federal law enforcement officials with transporting personnel and detainees. The order stops short of allowing officers from searching MPD databases simply for immigration status.
On Friday, Bondi doubled down on Smith’s order, ordering MPD in a memo to cooperate with federal immigration authorities.
Reyes appeared skeptical of the legality of the order during the hearing on whether to grant the District a temporary restraining order, which could block the takeover. Reyes said section one of the order — which purported to install Cole as “emergency police commissioner” — was “contrary” to Home Rule.
“For now Mr. Cole is not going to be able to control the MPD,” Judge Reyes said, according to a reporter who was present at the hearing. “Everything must be through the Mayor.”
At a press conference after the hearing, Schwalb said Home Rule allows the President to request and receive assistance, but not to perform a “hostile takeover” of MPD.
Bowser said District leaders read Bondi’s order as “plainly” against D.C.’s Home Rule. She said residents are “worried” about potential escalations and that Smith is responsible for ensuring any federal officers deployed to the District are used “strategically.”
In a statement posted to X, Ward 2 D.C. Council member Brooke Pinto expressed support for the lawsuit, adding she stands with the attorney general and mayor as they stand up for D.C.’s 700,000 residents.
“Today, the DC Attorney General filed in federal district court to challenge the federal government’s unlawful attempt to take control of our local Metropolitan Police Department — a clear affront and violation of Home Rule,” Pinto said in the post.
Smith expressed support for the lawsuit in a court filing, where she said she has never seen action from the government that would cause “greater threat to law and order” than the directives from Bondi and Trump.
Smith said MPD is preparing for several demonstrations this week, including a bike ride in support of Palestinians and by a group that blocks intersections.
“The Bondi Order will immediately hamper MPD’s command and control efforts and thereby its ability to effectively ensure public safety surrounding these events,” the suit states.
On Capitol Hill, House and Senate Democrats have introduced resolutions that would end Trump’s takeover of MPD by terminating the state of emergency declared on Monday, however it is unlikely that the resolutions will pass the Republican-controlled Congress.
Friday’s lawsuit and emergency hearing is the strongest rebuke from District officials since Trump has ramped up federal operations in the District over the past week.
Last week, Trump ordered officers from several federal agencies, like ICE and the FBI, to patrol the District for at least the following week, a precursor to Trump’s takeover of the MPD a few days later.
Trump then invoked Section 740 on Monday after the president had threatened a takeover of D.C. multiple times following the carjacking and assault of a 19-year-old Department of Government Efficiency staffer in Logan Circle. Trump also ordered the 800 National Guard troops to patrol D.C. as well, the largest military presence in the capital since the 2020 Black Lives Matter protests.
When Trump announced he would invoke Section 740, he did not specify how long he would keep MPD under federal control. However, in his executive order, he said the provision will be applied for the “maximum period,” which could last up to 30 days, but requires congressional approval for extensions.
On Wednesday, during his speech announcing the 2025 Kennedy Center honorees, Trump repeatedly floated the idea of circumventing Congressional approval to extend the takeover beyond its 30-day maximum.
This is the first time any U.S. president has invoked Section 740 in the 52 years the Home Rule Act has been in effect in the District. While the Home Rule Act maintains some federal control over the District, like Congressional approval for all laws, it grants D.C. autonomy over local governance, including electing a mayor, city council members and Advisory Neighborhood Commissions.
Under Section 740, Trump has the authority to control D.C.’s police force for up to 30 days, after which Trump’s emergency control will expire unless both the House of Representatives and Senate pass a joint resolution extending it.
Trump has made multiple threats to take over the District throughout the first seven months of his second term in office.
The president claims that crime in D.C. is “totally out of control,” however it has largely been discredited by data from the MPD. The data suggests that overall violent crime is down 26 percent, homicides falling by 12 percent and robberies down nearly 30 percent this year compared to data from the same time period last year.
As a part of the takeover, federal officers have also targeted homeless camps. In a post to Truth Social Sunday, Trump said people experiencing homelessness need to move out “IMMEDIATELY.”
On Friday, MPD officers cleared out at least three tents in Washington Circle. At the same time, GW officials issued an alert to stay away from the area for “Urgent police activity.” The all clear was issued just over half an hour later.
