Judge rules Trump administration broke law in deploying National Guard
soldiers to LA this summer
[September 03, 2025]
By OLGA R. RODRIGUEZ
SAN FRANCISCO (AP) — A federal judge ruled Tuesday that President Donald
Trump's administration “willfully” broke federal law by sending National
Guard troops to the Los Angeles area in early June after days of
protests over immigration raids.
In the 52-page ruling, U.S. District Judge Charles Breyer in San
Francisco noted Trump and Defense Secretary Pete Hegseth have stated
their intention to deploy National Guard troops to other cities across
the country, including Oakland and San Francisco, and that raises
concerns they are “creating a national police force with the President
as its chief.”
Breyer did not require the 300 remaining soldiers to leave but pointed
out they received improper training and ordered the administration to
stop using them “to execute the laws.” The order that applies only to
California will take effect Sept. 12.
The White House indicated the government plans to appeal.
“Once again, a rogue judge is trying to usurp the authority of the
Commander-in-Chief to protect American cities from violence and
destruction," White House spokeswoman Anna Kelly said in a statement.
It was unclear if the order could set a precedent that could impact
plans by Trump, who has discussed National Guard deployments in
Democratic-led cities like Chicago, Baltimore and New York. Trump has
already deployed the guard as part of his unprecedented law enforcement
takeover targeting crime, immigration and homelessness in Washington,
where he has direct legal control over the District of Columbia National
Guard.
Judge says administration is violating the law
Breyer said in his ruling that the Trump administration used troops for
functions that were barred by their own training materials, refused to
“meaningfully coordinate with state and local officials” and “‘coached’”
federal law enforcement agencies on the language to use when requesting
the Guard's assistance.
He said the government knew “they were ordering troops to execute
domestic law beyond their usual authority" in using "armed soldiers (
whose identity was often obscured by protective armor) and military
vehicles to set up protective perimeters and traffic blockades, engage
in crowd control, and otherwise demonstrate a military presence in and
around Los Angeles.”
Breyer barred troops from such actions, including making arrests,
searches, acting as informants and collecting evidence.
Ruling follows California lawsuit
California sued over the deployment of troops, saying it violates the
Posse Comitatus Act, a 1878 law that prohibits military enforcement of
domestic laws. Lawyers for the Trump administration argued the Posse
Comitatus Act doesn’t apply because the troops were protecting federal
officers, not enforcing laws, and that the president had the authority
to call on the troops. Trump federalized members of the California
National Guard under section 12406 of Title 10, which allows the
president to call the guard into federal service when the country “is
invaded,” when “there is a rebellion or danger of a rebellion against
the authority of the Government,” or when the president is otherwise
unable “to execute the laws of the United States.”
The deployment appeared to be the first time in decades that a state’s
national guard was activated without a request from its governor, a
significant escalation against those who have sought to hinder the
administration’s mass deportation efforts.
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California Gov. Gavin Newsom at a press conference to discuss the
measures to redraw the state's Congressional districts and put new
maps before voters in a special election, in Sacramento, Calif.,
Aug. 21, 2025. (AP Photo/Rich Pedroncelli, file)
Thousands of protesters took to the streets in response, blocking
off a major freeway and setting self-driving cars on fire as law
enforcement used tear gas, rubber bullets and flash bangs to control
the crowd.
Democratic Gov. Gavin Newsom said in a statement the court sided
with democracy. “No president is a king — not even Trump — and no
president can trample a state’s power to protect its people," he
said.
Trump administration has talked of more deployments
Trump has pushed the bounds of typical military activity on domestic
soil, including through the creation of militarized zones along the
U.S.-Mexico border.
Asked by reporters Tuesday in the Oval Office about sending National
Guard troops to Chicago, Trump said, “We’re going in,” but added, “I
didn’t say when.”
“I have an obligation,” the president added. ”This isn’t a political
thing.”
Democratic Illinois Gov. JB Pritzker and Chicago Mayor Brandon
Johnson have pushed back, saying crime has fallen in Chicago. They
are planning to sue if Trump moves forward with the plan.
Ret. Army Lt. Col. Daniel Maurer, an associate professor at Ohio
Northern University College of Law, said presidents have federalized
the National Guard to address widespread unrest and to desegregate
schools but the Trump administration’s example is “certainly the
most aggressive use of the military domestically when the facts to
support them are extremely weak.”
He said the ruling could give a roadmap to other states.
Troops joined federal law enforcement in Southern California
Roughly 4,000 National Guard soldiers and 700 Marines were deployed
to Los Angeles before all but 300 soldiers were withdrawn.
The soldiers marched at MacArthur Park in downtown Los Angeles,
which was intended as a show of force. They also accompanied federal
immigration officers on raids at two state-licensed marijuana
nurseries in Ventura County, Army Maj. Gen. Scott Sherman testified.
Sherman, who initially commanded the troops, testified during the
second day of the trial that he raised concerns the deployment could
violate the Posse Comitatus Act.
He said soldiers were given materials that included a list of
activities prohibited by the act.
Sherman said he was told by his superiors that there was a
“constitutional exception” that permitted such activities when the
troops are protecting federal property or personnel.
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