Federal Judge Rules National Guard Use During LA Protests Illegal
A federal judge has ruled that the Trump administration’s deployment of National Guard troops to Los Angeles during immigration enforcement protests violates the Posse Comitatus Act, which generally prohibits the use of federal troops for domestic law enforcement.
The ruling follows a lawsuit filed by California Governor Gavin Newsom and a three-day federal trial in San Francisco. Judge Charles Breyer issued the order, but temporarily stayed enforcement until September 12, 2025, allowing the administration time to appeal.
Trump Administration Files Notice of Appeal
On Wednesday, the Trump administration filed a notice of appeal with the 9th U.S. Court of Appeals, challenging the decision.
The administration argues that the National Guard and Marines were deployed to protect federal property and officers, not to perform local law enforcement duties.
A White House spokesperson stated, “President Trump acted to safeguard Los Angeles from chaos and violence, and the administration is committed to protecting citizens while appealing this ruling.”
Details of National Guard and Marine Deployment
| Aspect | Details |
|---|---|
| Number of Troops Deployed | 4,000 National Guard and 700 Marines |
| Location | Los Angeles, California |
| Purpose | Protect federal officers and property during immigration enforcement protests |
| Legal Ruling | Use violates Posse Comitatus Act; banned from arrests, searches, traffic control, crowd control, and other law enforcement activities |
| Current Status | ~300 National Guard troops remain in Los Angeles until at least November |
Posse Comitatus Act Restrictions
The court emphasized that federal troops cannot engage in:
- Arrests, searches, or seizures
- Security and traffic patrols
- Crowd or riot control
- Evidence collection or interrogations
- Acting as informants
Exceptions may apply only under valid constitutional or statutory provisions.
Implications and Next Steps
The ruling applies only to California and does not restrict similar deployments in other states. Trump has indicated he may send troops to other cities, including Chicago, if he deems necessary.
The appeal process will determine whether the administration can continue to deploy federalized troops in domestic law enforcement situations or must fully comply with the Posse Comitatus Act.
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