A federal judge on Thursday temporarily barred President Donald Trump from deploying the California National Guard to Los Angeles, ruling that the administration unlawfully federalized thousands of state troops in response to escalating protests over immigration enforcement operations. The decision, delivered by U.S. District Judge Charles Breyer, mandates that control of the Guard be returned to Governor Gavin Newsom by noon Friday.
"His actions were illegal - both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution," Breyer wrote in a 36-page opinion. "He must therefore return control of the California National Guard to the Governor of the State of California forthwith."
The ruling is a legal victory for Newsom, who sued the administration earlier this week, alleging that Trump bypassed state authority in his June 7 order placing over 4,000 National Guard members under federal command. The president's memorandum characterized the protests in Los Angeles as "a form of rebellion against" the United States, invoking Title 10 of the U.S. Code to justify the deployment.
Breyer rejected that interpretation, stating during Thursday's hearing, "It's not that a leader can simply say something and it becomes it. How is that any different than what a monarchist does?"
The Justice Department filed a notice of appeal within hours of the decision. Defense Secretary Pete Hegseth, named in the lawsuit, refused to commit to following the ruling when questioned on Capitol Hill, saying, "We've always looked at the decisions of the court," and warning against "local judges determining foreign policy or national security policy."
The judge's order applies only to National Guard personnel. Marines who have also been deployed to Los Angeles remain under federal command, though Breyer indicated their presence raised speculative concerns not ripe for judicial review.
At least 2,800 personnel-comprising National Guard troops and Marines-are currently operating under Task Force 51 in Los Angeles, trained in crowd control, de-escalation, and rules of engagement. U.S. Northern Command stated the force's mission is to "protect federal personnel and property," and emphasized that troops do not carry out arrests except under narrowly defined scenarios, such as preventing an assault or interference with federal agents.
Newsom celebrated the court's ruling, urging Trump to "end the illegal militarization of Los Angeles." He posted on social media: "The court just confirmed what we all know - the military belongs on the battlefield, not on our city streets. This win is not just for California, but the nation. It's a check on a man whose authoritarian tendencies are increasing by the day."
The White House described Newsom's legal challenge as a "crass political stunt endangering American lives." Justice Department lawyers wrote in court filings, "There is no rioters' veto to enforcement of federal law. And the president has every right under the Constitution and by statute to call forth the National Guard and Marines to quell lawless violence."
The Trump administration has argued that federal troops were necessary to protect Immigration and Customs Enforcement agents conducting arrests and searches. Since Saturday, the Los Angeles Police Department has made more than 400 arrests related to the protests. Homeland Security Secretary Kristi Noem confirmed 330 migrants have been detained in the city since Friday, including 113 with prior criminal convictions.
California Attorney General Rob Bonta argued that the deployment "has already caused real and irreparable damage to the city of Los Angeles," and asked Breyer to prohibit military personnel from participating in law enforcement functions, such as arrests and checkpoints.
During the hearing, Breyer challenged the Justice Department's reading of Title 10, which allows for National Guard federalization under three circumstances: invasion, rebellion, or the president's inability to enforce the law using regular forces. "My point is if it were read the way the government has urged me to read it, it would've been rewritten entirely differently," Breyer said.
Nicholas Green, representing the state, warned the court that "140 Marines will replace and relieve National Guard members in Los Angeles within the next 24 hours," illustrating what he called "an expansive, dangerous conception of federal executive power."
As of Wednesday, more than 2,000 additional National Guard personnel remain under federal command pending identification and potential reassignment, according to the Defense Department. Trump, when asked whether he might invoke the Insurrection Act, said, "If there's an insurrection."
