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A federal judge ruled on Tuesday (September 2) that President Donald Trump’s deployment of National Guard troops and Marines in Los Angeles earlier this year violated the Posse Comitatus Act, which prohibits using the military for domestic law enforcement. District Judge Charles Breyer, based in San Francisco, issued an order blocking the federal government from using military troops in law enforcement operations in California, effective September 12.
The ruling followed a non-jury trial where California argued that the military's involvement in immigration raids and law enforcement tasks around Los Angeles breached federal law. The state highlighted that the military presence was larger than the troop deployment to Afghanistan after 9/11. Judge Breyer noted that the troops executed law enforcement duties under President Trump's and Secretary of Defense Pete Hegseth's orders, which included setting up traffic blockades and detaining citizens.
The Department of Justice argued that Trump was exercising his "protective power," an alleged constitutional authority to use the military to protect federal property and personnel, which they claimed was an exception to the Posse Comitatus Act. However, Breyer expressed concern over this interpretation, questioning the limits on presidential military use in domestic law enforcement.
The deployment, which began in June, involved about 5,000 National Guard soldiers and Marines assisting in over 170 law enforcement operations. Despite the Pentagon ending many troop deployments, hundreds of National Guard members remain active in Los Angeles. The ruling may also impact similar military deployments in Washington, D.C., and other cities.