A federal judge in San Francisco ruled on Tuesday that President Donald Trump’s administration unlawfully deployed National Guard troops in Southern California for immigration enforcement operations and related protests.
Despite the ruling, Judge Charles Breyer opted not to require the remaining troops to be withdrawn, with the order set to take effect on Friday.
The decision follows a lawsuit filed by California, which argued that the troops sent to Los Angeles over the summer breached a federal law prohibiting military enforcement of domestic laws.
The Trump administration countered by asserting that the Posse Comitatus Act did not apply in this case because the troops were tasked with protecting federal officers rather than directly enforcing laws.
They maintained that the deployment was legitimate under a presidential authority that allows troop mobilization during instances of invasion or rebellion.
This ruling arises as President Trump has hinted at further deployments of National Guard members in cities led by Democratic mayors such as Chicago, Baltimore, and New York.
In Washington, D.C., Trump has already employed the National Guard in a controversial law enforcement strategy over which he has direct authority.
California Governor Gavin Newsom and local leaders had expressed their objections when Trump federalized members of the California National Guard and sent them to the state’s largest city.
The president invoked legal justifications for the mobilization under circumstances of invasion or upheaval, stating that federal authority was necessary to execute U.S. laws effectively.
Critics frequently observe that Trump has expanded the conventional role of military forces operating on U.S. soil, notably by establishing militarized zones along the U.S.-Mexico border.
In a pointed comment reflective of Trump’s style on social media, Newsom declared on X, “DONALD TRUMP LOSES AGAIN. The courts agree — his militarization of our streets and use of the military against US citizens is ILLEGAL.”
The White House did not respond immediately to requests for comments regarding the ruling.
In his ruling, Breyer condemned the Trump administration for “willfully” disregarding federal law regarding the use of military forces for domestic matters.
He noted that the administration had employed troops in ways that contradicted their own training protocols, failed to consult meaningfully with state and local authorities, and guided federal law enforcement agencies on the language to use in requests for military support.
Breyer wrote, “These actions demonstrate that Defendants knew that they were ordering troops to execute domestic law beyond their usual authority.”
The evidence presented during the trial indicated that armed soldiers, often unidentifiable due to protective gear, were used to create barricades, impose traffic control, manage crowds, and otherwise display military power in and around Los Angeles.
The ruling also alluded to potential future plans by the Trump administration to deploy National Guard troops into additional U.S. cities, raising concerns about ongoing military involvement in domestic affairs.
In Los Angeles, National Guard members participated in an operation at MacArthur Park, intended as a deterrent against individuals in the U.S. illegally and those protesting the Trump administration’s immigration measures.
They also accompanied federal immigration officials in raids at state-permitted cannabis nurseries in Ventura County, as testified by Army Maj. Gen. Scott Sherman.
Sherman, the initial commander of the troops dispatched to Los Angeles, expressed concerns during the trial that the deployment might violate the Posse Comitatus Act.
He revealed that soldiers were educated on the law and provided with training materials outlining prohibited activities, which included security patrols, traffic control, crowd management, and riot control.
While acknowledging the Posse Comitatus Act’s restrictions on such military actions, Sherman stated he was informed by superiors that a “constitutional exception” allowed these activities under the pretext of protecting federal personnel or property.
image source from：abc7
