Demonstrators face a mix of US marines, national guards and Department of Homeland Security police officers standing guard as they protest in front of the Metropolitan Detention Center following federal immigration operations, in Los Angeles, Califor
SAN FRANCISCO – A federal judge on Tuesday ruled the Trump administration’s use of National Guard troops during Los Angeles’ immigration enforcement protests is illegal.
Violation of Posse Comitatus
In a 52-page ruling, Judge Charles Breyer ruled that President Donald Trump’s administration violated federal law by sending troops to accompany federal agents on immigration raids. The judge in San Francisco did not require the remaining troops withdrawn, however.
In his opinion, Breyer said the evidence at trial showed the Trump administration used troops and military vehicles to set up protective perimeters and block traffic and engage in crowd control, which was, in effect, a violation of the Posse Comitatus Act.
California Gov. Newsom sued Trump, arguing the troops sent to Los Angeles over the summer were violating a law that prohibits military enforcement of domestic laws. They had argued that the National Guard wasn’t needed and were performing local police functions.
‘Trump loses again’
“DONALD TRUMP LOSES AGAIN,” Newsom shared on X early Tuesday morning. “The courts agree. His militarization of our streets and use of the military against US citizens is ILLEGAL.
Trump’s lawyers had argued the Posse Comitatus Act doesn’t apply because the troops were protecting federal officers not enforcing laws.
They say the troops were mobilized under an authority that allows the president to deploy them.
Trump did not immediately comment about the decision.
National Guard in LA
In June, Breyer found that Trump’s deployment of the California National Guard was likely illegal and ordered the troops be returned to Newsom’s control. That was reversed by the 9th U.S. Circuit Court of Appeals a week later.
Breyer put Tuesday’s ruling on hold until September 12. The Trump administration is likely to appeal.
Separately, Trump has sent the National Guard to patrol Washington, D.C., a city he said was taken over by crime.
Other cities
Breyer’s decision is unlikely to affect D.C., experts say, because Trump has more discretion to use the National Guard in the nation’s capital than he does in states.
Trump has talked about sending in the National Guard to Chicago, Baltimore and New York.
The Associated Press contributed to this report.