A federal judge Wednesday ordered the Trump administration to return control of some 300 California National Guard troops to Gov. Gavin Newsom, potentially ending their deployment in Los Angeles over six months after they were sent to the city to protect federal facilities and personnel involved with the administration’s crackdown on illegal immigration.
“The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one,” Judge Charles Breyer wrote in his decision. “Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way — let alone significantly.
“What’s more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops. In response to Plaintiffs’ motion to enjoin this conduct, Defendants take the position that, after a valid initial federalization, all subsequent re-federalizations are completely, and forever, unreviewable by the courts. Defendants’ position is contrary to law,” Breyer added.
President Donald Trump ordered 2,000 California National Guard troops to Los Angeles on June 7, after initial federal raids to combat illegal immigration were met with massive protests that occasionally turned violent. He argued that local law enforcement authorities were not able to adequately protect the safety of immigration officials and federal vehicles and buildings in the area.
The deployment was later reduced to about 300 troops. California sued the administration to end the deployment, claiming the move violated the Constitution
“Today’s ruling is abundantly clear — the federalization of the National Guard in California is illegal and must end,” Newsom said Wednesday morning. “The president deployed these brave men and women against their own communities, removing them from essential public safety operations. We look forward to all National Guard servicemembers being returned to state service.”
The Trump administration signaled an appeal of the ruling.
“President Trump exercised his lawful authority to deploy National Guard troops to support federal officers and assets following violent riots that local leaders like Newscum refused to stop. We look forward to ultimate victory on the issue,” White House spokeswoman Abigail Jackson said.