U.S. District Judge Charles Breyer in San Francisco ordered the Trump administration to end its deployment of the National Guard to Los Angeles and return control of the troops to the state, granting a preliminary injunction to California officials who opposed the federal takeover.
The administration seized control of the California National Guard in June — against Gov. Gavin Newsom’s wishes — and sent troops to Los Angeles in response to protests over immigration enforcement operations. The initial deployment topped more than 4,000 troops this summer; the number has since fallen to about 100. The administration has repeatedly sought to extend federal control, most recently until February, saying the deployment remains necessary.
Judge Breyer wrote that the administration’s legal theory — that once a state guard is federalized, extensions may proceed without review — was “shocking,” warning it would allow a president “to create a perpetual police force comprised of state troops” so long as the initial federalization was lawful. He said such unchecked presidential control would “wholly upend the federalism that is at the heart of our system of government.”
The ruling is the latest setback for the administration, which has federalized National Guard units in several Democratic-led cities, arguing the troops are needed to fight crime and protect federal immigration facilities and officers. Nearly every deployment is tied up in litigation, including cases that have reached the U.S. Supreme Court. Constitutional law scholars have raised concerns that the moves push the limits of executive power and normalize the use of troops on American streets.
A White House spokeswoman, Abigail Jackson, told NPR the deployment in Los Angeles was within the president’s “lawful authority” and said the administration “looks forward to ultimate victory on the issue.” The injunction is stayed until Monday to allow for an appeal.
