U.S. District Judge Charles Breyer in San Francisco ordered the Trump administration to end its federal takeover of the California National Guard in Los Angeles, returning control of the troops to state authorities and granting a preliminary injunction to California officials who challenged the seizure.
The administration moved to federalize the California Guard in June over the objections of Gov. Gavin Newsom and deployed troops to Los Angeles amid protests over immigration enforcement. The initial summer deployment exceeded 4,000 service members; that number has since dwindled to roughly 100. The White House has repeatedly sought extensions of federal control, most recently requesting to retain authority through February, saying the presence of troops remains necessary.
Judge Breyer rejected the administration’s legal argument that once a state guard is federalized, subsequent extensions could proceed without judicial review. He warned that such a theory would permit an ongoing federalized force of state troops and would fundamentally alter the balance between state and federal authority.
The decision adds to a string of legal setbacks for the administration, which has federalized National Guard units in several Democratic-led cities to address crime and protect federal immigration facilities. Many of those deployments are tied up in litigation, including cases now before the U.S. Supreme Court, and constitutional scholars have warned the moves risk stretching executive power and normalizing troop deployments on American streets.
A White House spokeswoman said the Los Angeles deployment was within the president’s lawful authority and indicated the administration plans to appeal. The injunction is temporarily stayed until Monday to allow for that appeal.