SAN FRANCISCO — A federal judge has ruled that President Donald Trump must return control over National Guard troops back to California Governor Gavin Newsom. This ruling comes in the form of a temporary restraining order issued on Thursday, declaring the deployment of the National Guard to Los Angeles illegal.
The judge stated that the deployment violates the Tenth Amendment and exceeds the statutory authority granted to the president. The order is set to take effect at noon on Friday.
The White House has not yet commented on this ruling, but the federal government has promptly filed an appeal with the Ninth Circuit Court. U.S. District Judge Charles Breyer stated that President Trump overstepped his authority by ordering about 4,000 National Guard members to Los Angeles, following protests related to immigration enforcement.
It remains unclear how this ruling will impact the situation on the ground in Los Angeles. California Governor Gavin Newsom originally sued to block the Guard’s deployment against his wishes and sought an emergency motion to prevent the troops from assisting with immigration raids.
In his lawsuit, Newsom argued that the National Guard had initially been deployed to safeguard federal buildings and that involving them in immigration enforcement would only heighten tensions and potentially lead to civil unrest.
In response, the Trump administration labeled the lawsuit a “crass political stunt endangering American lives” in its official statement released on Wednesday.
In his ruling, Judge Breyer found that President Trump had not properly executed the deployment of the National Guard. Maj. Gen. Scott Sherman, who oversees Task Force 51, mentioned that as of Wednesday, approximately 500 Guard members had been trained to accompany agents on immigration operations. Photos have already circulated showing Guard soldiers providing security for immigration officials.
Typically, the authority to call up the National Guard rests with state governors. However, there are specific circumstances under which the president may deploy these troops. President Trump federalized members of the California National Guard under Title 10, which allows for federal deployment in limited scenarios such as invasions, rebellions, or when the president cannot enforce U.S. laws.
Judge Breyer argued that the protests in Los Angeles do not meet the criteria for what constitutes a rebellion. He noted, “The protests in Los Angeles fall far short of ‘rebellion.’”
The lawsuit contended that Title 10 requires the president to communicate with governors when issuing orders to the National Guard. Attorney Brett Shumate, representing the federal government, asserted that the president duly informed the general in charge and that he would have the authority to call in the Guard even without that communication.
The Justice Department, in a brief filed before Thursday’s hearing, stated that Trump’s orders should not be subject to judicial review. Shumate referenced historical examples, stating, “Courts did not interfere when President Eisenhower deployed the military to protect school desegregation. Courts did not interfere when President Nixon deployed the military to deliver the mail in the midst of a postal strike. And courts should not interfere here either.”
Disagreeing with this view, Judge Breyer emphasized the limitations of presidential authority. He remarked, “We’re talking about the president exercising his authority, and the president is of course limited in that authority. That’s the difference between a constitutional government and King George.”
Since the National Guard was called to assist, protests against immigration raids in Los Angeles have escalated and spread to other cities, including Boston, Chicago, and Seattle. The federal immigration agents have actively arrested individuals in public places, such as Home Depot parking lots, instilling fear in immigrant communities. This intensified crackdown follows President Trump’s declarations aiming to increase immigration enforcement.
The president has painted Los Angeles in dire terms, which local officials disagree with, insisting that the situation is misrepresented. While the Marines sent to Los Angeles have not yet been observed, the National Guard troops have had limited interactions with protesters.
In an act of solidarity, numerous mayors from across the Los Angeles area banded together on Wednesday, urging the cessation of both the immigration raids and the military presence in their communities.
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