A federal judge has determined that President Donald Trump acted unlawfully when he deployed troops to Los Angeles earlier this summer, concluding that the military personnel were utilized as an unofficial police force, which violates a long-standing prohibition on domestic military enforcement.
In a decision issued Tuesday, Judge Charles R. Breyer of the Federal District Court in San Francisco stated that the Trump Administration had “systematically employed armed soldiers” to carry out law enforcement duties, including crowd management, traffic control, and detentions. This occurred despite clear limitations under the 1878 Posse Comitatus Act, which forbids the use of the military for civilian policing without explicit congressional authorization.
“The violations were not isolated acts by individual service members but rather the result of systematic and deliberate orders to troops to enforce domestic law,” Judge Breyer wrote. He cautioned that the Administration’s approach suggested an attempt to establish “a national police force with the President as its head.”
The ruling does not mandate the immediate withdrawal of the approximately 300 federalized Guard members who remain in Southern California, but it will significantly curtail their role to protecting federal property. Judge Breyer’s injunction, set to become effective September 12, prohibits the Pentagon from directing National Guard soldiers or Marines in the Los Angeles area to perform arrests, conduct searches, or engage in crowd or riot control unless Congress expressly permits such activities.
This decision represents a triumph for Democratic California Gov. Gavin Newsom, who sought to prevent the deployment and has accused Trump of militarizing city streets for political reasons. “DONALD TRUMP LOSES AGAIN,” Newsom wrote in a , echoing the President’s social media style. “The courts agree — his militarization of our streets and use of the military against US citizens is ILLEGAL.”
Trump ordered the deployment in early June after demonstrations erupted in Los Angeles regarding immigration raids. He characterized the protests as a form of “rebellion” in an and dispatched nearly 4,000 National Guard members and 700 Marines into the nation’s second-largest city, despite objections from Newsom and local leaders. City officials contended that the protests were largely peaceful and manageable, and that the presence of armed troops unnecessarily escalated tensions.
Maj. Gen. Scott Sherman, who headed the task force overseeing the deployment, testified that the troops had received training on the boundaries of the Posse Comitatus Act, including prohibitions on patrols and riot control. However, he stated that Pentagon officials informed him that exceptions existed when federal property or personnel were involved. Judge Breyer directly rejected that reasoning, labeling the Administration’s legal theory “incorrect” and its justifications “fabricated.”
The Justice Department, which defended the deployment, has indicated its intention to appeal the ruling. Lawyers for the Administration argued that the troops served solely a “protective function” and were essential to shield federal agents from demonstrators interfering with their duties. They also asserted that presidents possess broad inherent authority to deploy military forces in defense of federal operations.
Judge Breyer’s decision is the latest censure of Trump’s expansive interpretation of presidential power, which he has invoked to levy tariffs, reverse regulations, and deploy federal forces in American cities. Since the deployment to Los Angeles, Trump has utilized his to send National Guard troops into Washington, and has publicly contemplated and other Democratic-led cities.
“There was no rebellion, nor was civilian law enforcement unable to respond to the protests,” Judge Breyer wrote. “This was deliberate. Defendants initiated a months-long deployment of the National Guard and Marines to Los Angeles for the purpose of establishing a military presence there and enforcing federal law.”