
A federal judge in San Francisco ruled on Wednesday (December 10) that the Trump administration must stop deploying the California National Guard in Los Angeles and return control of the troops to the state.
US District Judge Charles Breyer granted a preliminary injunction sought by California officials but delayed enforcement of the order until Monday.
US District Judge Charles Breyer rejected the Trump administration’s argument that recent protests against immigration authorities constituted a rebellion, which would have legally justified the extraordinary step of taking federal control of state National Guard units.
Breyer also dismissed the administration’s claim that courts cannot review a president’s decision to assume control of state National Guard units during an emergency. The judge described this position as an overly broad interpretation of executive power.
“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,” Breyer said.
California argued that conditions in Los Angeles had changed since June, when President Donald Trump first seized command of the Guard without the governor’s approval.
While the administration originally deployed more than 4,000 Guard members, that number fell to just over 100 by late October.
The Trump administration extended the Guard’s deployment until February and attempted to use California Guard members in Portland as part of its campaign to send troops into Democratic-led cities.
Justice Department lawyers contended that Guard members were still needed in Los Angeles to protect federal personnel and property.
Trump’s decision marked the first time in decades that a state’s National Guard was activated without the governor’s request.
The move escalated the administration’s immigration enforcement efforts and mass deportation policy.
Guard troops were stationed outside a federal detention centre in downtown Los Angeles and later deployed to support immigration arrests during protests.
California sued, arguing the president used Guard troops as a “personal police force,” violating laws that restrict military involvement in domestic matters.
While Breyer issued a temporary restraining order earlier, an appeals court paused it.
The administration countered that violence during protests created a situation where regular forces could not execute US laws, justifying the deployment.
In a September ruling after trial, Judge Breyer determined the deployment violated federal law.
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