A federal judge ruled Tuesday that the Trump administration’s deployment of U.S. military troops to Los Angeles during immigration raids earlier this year was illegal.
U.S. District Judge Charles Breyer found the deployment violated the Posse Comitatus Act, which limited the use of the military for law enforcement purposes. He stayed his ruling to give the administration a chance to appeal.
“President Trump and Secretary Hegseth have stated their intention to call National Guard troops into service in other cities across the country … thus creating a national police force with the President as its chief,” Breyer wrote.
The ruling could have implications beyond Los Angeles.
Trump, who sent roughly 5,000 Marines and National Guard troops to L.A. in June in a move that was opposed by California Gov. Gavin Newsom and L.A. Mayor Karen Bass, issued an executive order declaring a public safety emergency in D.C. The order invoked Section 740 of the District of Columbia Home Rule Act that places the Metropolitan Police Department under direct federal control.
In June, Breyer ruled that Trump broke the law when he mobilized thousands of California National Guard members against the state’s wishes.
In a 36-page decision, Breyer wrote that Trump’s actions “were illegal — both exceeding the scope of his statutory authority and violating the 10th Amendment to the United States Constitution.”
But the U.S. 9th Circuit Court of Appeals paused that court order, allowing the troops to remain in Los Angeles while the case plays out in federal court. The appellate court found the president had broad, though not “unreviewable,” authority to deploy the military in American cities.
In his Tuesday ruling Breyer added: “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. In short, Defendants violated the Posse Comitatus Act.”