Federal Judge Rules Trump’s National Guard Deployment Illegally Violated Law

A federal judge has decided that the National Guard’s deployment in Los Angeles was unlawful when President Trump sent them there in June following a violent immigration protest.

U.S. District Judge Charles Breyer noted that this action breached a law from 1878 that prohibits military involvement in civilian law enforcement. He stated, “This was intentional. The defendant sparked the prolonged deployment of the National Guard and Marines in Los Angeles to create a military presence and enforce federal law. Such behavior represents a serious violation of the Collective Comitatus Act.”

While most troops are now withdrawn, the judge’s order prevents remaining forces from conducting arrests, searches, traffic patrols, or riot control activities until the government establishes legal exceptions.

Breyer has put a hold on the order until Friday, allowing time for an appeal before it goes into effect.

Earlier, an appeals court halted another ruling from Breyer that mandated Trump to return control of the National Guard from federal oversight back to California Governor Gavin Newsom (D).

In June, Trump had deployed thousands of National Guard troops and hundreds of Marines amid a surge in violence tied to the administration’s immigration policies, which led to significant unrest in various cities.

This situation intensified the conflict between Trump and Newsom, with the Governor positioning himself as a prominent opponent to the President’s policies, prompting Democratic supporters to rally behind him.

Both Newsom and California Attorney General Rob Bonta (D) claimed the deployment was illegal on several fronts, urging the court to intervene and withdraw the troops.

After they filed their lawsuit, Breyer quickly determined that Trump didn’t fulfill the required legal procedures for the deployment.

The judge ordered Trump to hand back control of the National Guard to Newsom, but the Ninth U.S. Circuit Court of Appeals stayed that decision while the administration appealed, allowing the deployment to continue for the time being.

As the appeal concerning Trump’s authority remains unresolved, Breyer is evaluating the legality of military operations on the ground. Notably, Breyer, appointed by former President Clinton, is the brother of retired Supreme Court Justice Stephen Breyer.

During a three-day bench trial last month, the judge listened to testimonies from several defense and immigration officials as the Trump administration defended its actions as compliant with the Comittatas Act.

Breyer’s ruling dismissed the administration’s stance that the law did not apply to Los Angeles, affirming that Newsom had the right to bring the case to court.

The judge characterized the military’s actions as illegal, underlining concerns that immigrant raids extended well beyond federal zones in downtown Los Angeles.

He remarked, “These violations are part of a larger, systematic effort to utilize the military for enforcing federal laws, especially concerning immigration and drugs, for extended periods and distances.”

Breyer also pointed out that Trump has since deployed the National Guard to Washington, D.C., and hinted at using them in other cities led by Democrats.

However, the ruling on Tuesday does not alter those plans, and the complexities surrounding D.C.’s structure and its National Guard present additional legal considerations.

Updated at 10:21 am