Trump administration blocked from deploying California National Guard in Los Angeles

A federal judge has ordered the Trump administration to relinquish control of California National Guard troops deployed in Los Angeles, ruling that the federalization of the state’s Guard units violated longstanding limits on presidential power.

Senior U.S. District Judge Charles Breyer issued the  35-page ruling on Wednesday in San Francisco, granting California’s request for an injunction but delaying its effect until Monday to allow the Justice Department time to appeal. The ruling marks the second time Breyer has sided with state officials who challenged President Donald Trump’s move to deploy Guard members without the governor’s approval.

The Trump administration originally sent more than 2,000 troops to Los Angeles in June, citing unrest surrounding protests against Trump’s immigration enforcement agenda. Although the number dropped to roughly 100 by late fall, the White House extended the deployment into February and attempted to reassign additional California Guard personnel to Portland, Oregon, over objections from local leaders.

State officials argued that conditions had changed dramatically since the initial activation, and that the president was effectively using Guard members as a federal police force. They said such actions ran afoul of the Posse Comitatus Act and exceeded the circumstances in which a president may seize control of state units. Breyer agreed, writing, “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 Justice Department maintained that troops were still needed to safeguard federal personnel and facilities. In court filings, administration lawyers argued that protests and sporadic violence made it impossible to carry out federal law with ordinary resources. But Breyer rejected the claim that such assertions placed the president beyond judicial review, concluding the legal threshold for federalization had not been met. “Without a demonstration that the President’s ability to execute the law is currently being impeded at the time of deployment, he lacks adequate grounds for federalization,” he wrote.

Breyer’s latest decision halts an extension that would have kept about 300 California Guard members under federal control, with many stationed in Oregon and the remainder still in Southern California. California Governor Gavin Newsom—who sued along with Attorney General Rob Bonta—welcomed the outcome, while Los Angeles leaders reiterated there was never a legitimate emergency requiring military intervention. Newsom said, “Trump is unlawfully using the military to terrorize Americans,” and Mayor Karen Bass added that “Los Angeles will not buckle and we will not break.”  Unless an appellate court intervenes, command of the Guard will revert to Gov. Newsom early next week,

The dispute is part of a broader legal battle over Trump’s efforts to send military forces into Democratic-led cities. Courts have already blocked similar deployments to Portland and Chicago, and the Supreme Court is currently weighing an emergency appeal related to troops sent to Illinois.

Editorial credit: Phil Pasquini / Shutterstock.com