The Trump administration must stop deploying the California National Guard in Los Angeles and return control of the troops to the state, a federal judge ruled Wednesday.
U.S. District Judge Charles Breyer in San Francisco granted a preliminary injunction sought by California officials who opposed President Donald Trump’s extraordinary move to use state Guard troops without the governor’s approval to further his immigration enforcement efforts. But he also put the decision on hold until Monday.
California argued that conditions in Los Angeles had changed since Trump first took command of the troops and deployed them in June. The administration initially called up more than 4,000 California National Guard troops but that number had dropped to several hundred by late October. Only a 100 or so troops remain in the Los Angeles area.
The Republican administration extended the deployment until February while also trying to use California Guard members in Portland, Oregon as part of its effort to send the military into Democratic-run cities over the objections of mayors and governors.
U.S. Justice Department lawyers said the administration still needed Guard members in the Los Angeles area to help protect federal personnel and property.
An email to the White House seeking comment on Wednesday’s ruling was not immediately returned.
Trump took command of the California National Guard following protests over his stepped-up enforcement of immigration laws. The call up was the first time in decades that a state’s national guard was activated without a request from its governor and marked a significant escalation in the administration’s efforts to carry out its mass deportation policy. The troops were stationed outside a federal detention center in downtown Los Angeles where protesters gathered and later sent on the streets to protect immigration officers as they made arrests.
California sued, and Breyer issued a temporary restraining order that required the administration to return control of the Guard members to California. An appeals court panel, however, put that decision on hold.
California argued that the president was using Guard members as his personal police force in violation of a law limiting the use of the military in domestic affairs.
The administration said courts could not second-guess the president’s decision that violence during the protests made it impossible for him to execute U.S. laws with regular forces and reflected a rebellion, or danger of rebellion.
In September, Breyer ruled after a trial that the deployment violated the law. Other judges have blocked the administration from deploying National Guard troops to Portland, Oregon, and Chicago.
