A federal judge has ruled that the Trump administration broke federal law by deploying National Guard troops to Los Angeles in early June after protests erupted over immigration raids. U.S. District Judge Charles Breyer, based in San Francisco, issued a 52-page ruling stating that President Donald Trump and Defense Secretary Pete Hegseth “willfully” violated legal boundaries with the deployment.
The judge noted concerns about broader plans to send troops to other cities, such as Oakland and San Francisco, warning that these actions risk “creating a national police force with the President as its chief.” While Breyer did not require the immediate withdrawal of the remaining 300 soldiers, he found they had received improper training and ordered the administration to stop using them “to execute the laws.” The order applies only to California and takes effect on September 12.
The White House responded by signaling its intent to appeal. “Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction,” said spokeswoman Anna Kelly in a statement.
It remains unclear whether this decision could affect similar plans for deployments in other Democratic-led cities like Chicago, Baltimore, or New York. President Trump has already used the National Guard as part of his efforts against crime, immigration violations, and homelessness in Washington, D.C., where he has direct legal authority over the local National Guard.
In his ruling, Judge Breyer said the administration used troops for roles outside their approved scope, failed to coordinate with state and local officials, and advised federal law enforcement agencies on how to request Guard assistance. He wrote that officials knew “they were ordering troops to execute domestic law beyond their usual authority,” including using armed soldiers whose identities were often hidden by protective gear and military vehicles for crowd control around Los Angeles.
Breyer’s order prohibits soldiers from making arrests or searches, acting as informants, or collecting evidence while deployed domestically under similar circumstances.
The state of California filed suit over the deployment, arguing it violated the Posse Comitatus Act—a law dating back to 1878 prohibiting military enforcement of domestic laws. Lawyers for the administration contended that because troops were protecting federal officers rather than enforcing laws directly, Posse Comitatus did not apply. They cited section 12406 of Title 10 which allows presidential activation of guard units during invasions or rebellions or when unable “to execute the laws of the United States.”
This instance marked a rare occasion where a state’s guard was activated without its governor’s request—an escalation related to opposition against mass deportation efforts by federal authorities.
Protests in response included thousands taking to Los Angeles streets; some blocked major freeways while others set self-driving cars on fire. Law enforcement used tear gas and rubber bullets amid efforts at crowd control.
Governor Gavin Newsom commented after Tuesday’s decision: “No president is a king — not even Trump — and no president can trample a state’s power to protect its people.”
President Trump indicated potential future deployments elsewhere: Asked about sending troops into Chicago he stated: “We’re going in,” but added there was no timeline yet. He emphasized: “I have an obligation… This isn’t a political thing.” Illinois officials have vowed legal action if such deployments proceed.
Retired Army Lt. Col. Daniel Maurer described this as perhaps “the most aggressive use of the military domestically when the facts to support them are extremely weak,” suggesting other states might use this ruling as guidance for future legal challenges.
About 4,000 National Guard soldiers and 700 Marines were initially sent into Los Angeles before all but 300 were withdrawn. Troops participated in shows of force downtown and accompanied federal agents on raids at marijuana nurseries in Ventura County according to Army Maj. Gen. Scott Sherman’s testimony during trial proceedings.
Sherman raised concerns regarding possible violations of Posse Comitatus but was told by superiors that exceptions existed when guarding federal property or personnel.
The judge’s order will take effect on September 12; this story clarifies that Judge Breyer sits in San Francisco rather than Washington.
