A federal judge ruled Tuesday that President Donald Trump’s deployment of National Guard troops in Los Angeles violated the law.
U.S. District Judge Charles Breyer, appointed to the bench in California by President Bill Clinton, concluded that Trump and Defense Secretary Pete Hegseth’s use of Marines and federalized California National Guard members to assist federal immigration authorities in the Los Angeles area violated the Posse Comitatus Act, according to court documents. The judge’s ruling follows vehement protest of Trump’s immigration crackdown in southern California elsewhere across the country.
“The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles,” Breyer wrote in the 52-page ruling.
“In short, Defendants violated the Posse Comitatus Act,” the Clinton-appointed judge concluded.
Over the summer, Trump deployed thousands of National Guard members in the Los Angeles area to support Immigration and Customs Enforcement (ICE) and other federal immigration authorities, prompting Democratic Gov. Gavin Newsom to wage a lawsuit. In response to immigration enforcement activity, anti-ICE rioters in the city repeatedly assaulted law enforcement agents and caused millions of dollars worth of damage.
The Comitatus Act is a 19th Century law that largely bars the use of troops for domestic law enforcement functions, according to court documents. Breyer’s ruling came after a three-day long trial in which the Clinton-appointed judge previously questioned if presidents have any limitations on their authority to use the military for domestic law enforcement matters.
The Trump administration ripped Breyer in a public statement on Tuesday.
“Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction,” White House spokesperson Anna Kelly stated to the Daily Caller News Foundation. “President Trump saved Los Angeles, which was overrun by deranged leftist lunatics sowing mass chaos until he stepped in.”
“While far-left courts try to stop President Trump from carrying out his mandate to Make America Safe Again, the President is committed to protecting law-abiding citizens, and this will not be the final say on the issue,” Kelly continued.
Trump’s troop deployment around Los Angeles has yielded success, with the Department of Homeland Security (DHS) boasting in late August that ICE and Border Patrol agents nabbed their 5,000th illegal migrant since heightened operations in the city began in June.
“That’s 5,000 criminal illegal aliens, gang members, child predators, and murderers taken off our streets. Precious lives saved. Families protected,” Homeland Security Secretary Kristi Noem said at the time. “American taxpayers spared the cost of their crimes AND the burden of their benefits.”
Breyer’s ruling comes after most of the National Guard members have since demobilized, with only a few hundred remaining, according to court documents. However, the ruling could have major ramifications for the Trump administration as it currently cracks down on Washington, D.C., and has its eyes set on other major sanctuary cities.
DHS is currently preparing an immigration crackdown on Chicago, with preparations being made by a nearby military base and Chicago Mayor Brandon Johnson, a Democrat, already attempting to block any major operations within his city.
Editor’s note: This article has been updated to include comment from the White House.
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