A federal judge has blocked President Donald Trump’s deployment of the National Guard in Los Angeles, ordering that control be returned to California Governor Gavin Newsom.
The decision, issued on Wednesday by Senior District Judge Charles R. Breyer in San Francisco, comes after Trump sent 2,000 National Guard troops to the city in June amid protests against his immigration policies.
Judge Breyer’s ruling stated that the deployment violated the 1878 Posse Comitatus Act, which prohibits using the U.S. military for domestic law enforcement. Breyer also rejected the administration’s claim that courts have no power to review a president’s decision to take control of state National Guard units during an emergency, saying this was an overly expansive view of executive authority saying:
“The founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one.”
The judge’s decision is seen as a victory for those opposing Trump’s use of federal troops for immigration enforcement. However, the ruling will not take effect until December 20, allowing time for potential appeals by the Trump administration.
Governor Newsom and Los Angeles Mayor Karen Bass have both criticized Trump’s actions, arguing there was no emergency justifying the military’s presence. Newsom expressed his relief at the court’s decision, stating, “Trump is unlawfully using the military to terrorize Americans.” Mayor Bass echoed these sentiments, emphasizing that “Los Angeles will not buckle and we will not break.”
The ruling has sparked further debate over the use of federal troops in domestic affairs, with California Attorney General Rob Bonta stating, “Trump’s deployment of troops to Los Angeles wasn’t just extreme — it was illegal.”
The Trump administration has yet to comment on this morning’s ruling.
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