The district court also clearly erred in characterizing the events in September leading up to and preceding the federalization order. See Elosu v. Middlefork Ranch Inc., 26 F.4th 1017, 1023 (9th Cir. 2022). There were numerous instances of violent and disruptive behavior at the ICE facility in September. On September 1, 200 protesters were disrupting operations at the ICE facility, and ICE agents conducted “several push outs,” arrested protesters, and had to deploy gas to clear the front of the building to move vehicles. Hughes Decl. Exs. 1, 2. OnSeptember 6, there were 50-60 “very active” protesters that FPS was “pushing out”in order to get vehicles to enter the facility. Id. Ex. 5. On September 12, protesters delivered “a large quantity of sticks and bats” outside the facility. Id. Ex. 11. On September 19, there was a threat that a bomb would be detonated at the ICE facility, and although the attack did not occur, it required increased security and diverted agency resources. Wamsley Decl. ¶ 14. That same night, there were 50 protesters outside the facility, “black blockers” were reported “assaulting people,” including a journalist, and there was disturbance outside the building and FPS deployed munitions to break up the crowd. Hughes Decl. Exs. 18, 19. On September 27, there were 50 to 60 protesters outside the facility, blocking the driveway in anticipation of the shift change and refusing to leave, and “[m]any were dressed in bloc, with helmets, masks, and other PPE.” Id. Exs. 27, 28. While the factual background above more thoroughly details these events, even a cursory glance at the facts shows that the district court erred by simply discounting these facts when it concluded that the President did not have a colorable basis for his determination. See Newsom, 141F.4th at 1052.
