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 number of California National Guard troops was initially over 4,000 but had reduced to several hundred by late October, with only about 100 remaining in the Los Angeles area.
The Republican administration extended the deployment until February while also attempting to utilize California Guard members in Portland, Oregon in its mission to send military forces into Democratic-run cities against the wishes of their mayors and governors.
U.S. Justice Department lawyers contended that the administration still required Guard members in Los Angeles to help safeguard 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 against his intensified enforcement of immigration laws. This activation marked the first time in decades that a state’s National Guard was activated without a request from its governor, illustrating a significant escalation in the administration’s mass deportation policy. The troops were originally stationed outside a federal detention center in downtown Los Angeles, which became a site of protests, and were later sent into the streets to assist immigration officers in making arrests.
California filed a lawsuit, leading to Breyer issuing a temporary restraining order that required the administration to return control of the Guard members. Nevertheless, an appeals court panel placed that decision on hold.
California claimed that the president was misusing the Guard as a personal police force, violating a law that restricts military use in domestic affairs.
In September, Judge Breyer determined after a trial that the deployment violated the law. Other judges have also prevented the administration from deploying National Guard troops to Portland and Chicago.
