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A federal judge in San Francisco will review evidence and listen to the debate on whether the Trump administration violated federal law when deployed National Guard soldiers and the US Marines in Los Angeles this summer after protests over immigrant raids.
The Trump administration has sent out the second largest U.S. city to challenge Gov. Gavin Newsom and city leaders after protesting on June 7th.
California is asking Judge Charles Breyer to return control of the remaining troops to the state, and to stop the federal government from using California’s troops.
The 1878 Assembly Act prevents the president from using the military as domestic police. The incident could set precedents as to how Trump could deploy security guards in California or other states in the future.
The Department of Defense ordered the deployment of approximately 4,000 California National Guard troops and 700 Marines. Most of the units have since left, but 250 national guards remain, according to the latest figures provided by the Pentagon. According to Newsom, the remaining units will be at the joint military training base in Los Alamitos
Newsom won an early victory from Breyer, who found that the Trump administration defined power between the federal and state governments and violated the 10th Amendment that exceeded its authority.
The Trump administration immediately filed an appeal, claiming that the court could not presume the president’s decision second, secured a temporary suspension from the appeals court, allowing control of the California State Guard to remain in federal hands as the lawsuit continues to unfold.
After deployment, soldiers accompanied federal immigration officials on immigrant raids at two marijuana farms in Los Angeles and Ventura County.
Royal Oaks, a NBC4 legal analyst, looks forward to the next showdown between California and the Trump administration. It will air in Los Angeles on Friday, June 20th, 2025.
The Trump administration argued that the military was needed to build a federal state in Los Angeles, the battlefield for the federal government’s aggressive immigration strategy and protect staff. Since June, federal agents have been in the US from Home Depot, car washes, bus stops and farms, rounding up immigrants without legal status. Some US citizens are also in custody.
Ernesto Santa Cruz Jr., director of the Department of Homeland Security in Los Angeles, told the court that the military was necessary as local law enforcement responded slowly as crowds gathered outside the federal building to protest the June 7 arrest of immigrants.
“The presence of the National Guard and Marines has played a key role in protecting federal property and personnel from violent mobs,” Santa Cruz said.
After opposition from the Trump administration, Breyer issued an order allowing California lawyers to take the Santa Cruz deposit. They also received declarations from military officials regarding the role of the National Guard and Marines in Los Angeles.
In a court application last week, Trump administration lawyers argued that the lawsuit should be cancelled after a claim under the Comitatas Act “failed as a matter of law.” They argued that there is a law that gives the president the power to request the National Guard to enforce US law if federal law enforcement is insufficient.
Under section 12406 of Title 10, members of the California State Guard’s federal government can invite the National Guard to federal service when the country is “invaded” if “there is a risk of rebellion or rebellion against government authority” or if the president “will otherwise “enforce US laws.”
Breyer said that protests in Los Angeles are “a far short of “rebellion.” ”
“Next week’s trial will not be cancelled,” he said in the rule that ordered a three-day bench trial.
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