Judge Rules Donald Trump's Use Of National Guard Troops In Los Angeles Immigration Protests Illegal
Judge Charles Breyer, ruling on Tuesday (September 2) in Washington, said the administration's actions breached the Posse Comitatus Act, a law that prohibits the use of military forces for domestic law enforcement.
“In short, the defendants violated the Posse Comitatus Act,” Breyer wrote in his opinion.
Although he found the deployment unlawful, Breyer put the ruling on hold until September 12, allowing time for appeal.
California's challengeThe lawsuit was brought by California Governor Gavin Newsom , who argued the deployment of 4,000 National Guard troops and 700 US Marines in June was part of President Trump's effort to stifle dissent against his hardline immigration policies.
Lawyers for the state said the troops went beyond protective duties, taking on policing roles such as setting up security perimeters, blocking traffic, and even detaining two people.
They warned that siding with the administration would“usher in a vast and unprecedented shift in the role of the military in our society.”
Administration's defenseThe Trump administration argued that the Posse Comitatus Act did not apply because troops were not enforcing immigration law directly but rather protecting federal agents and property.
Administration lawyers said the Constitution permits presidents to use military forces in such cases and insisted that soldiers acted only when there were threats to federal personnel.
Judge's concernsBreyer noted during trial that evidence showed troops had engaged in crowd control and security operations during immigration raids , raising concerns about the broad discretion given to military commanders in deciding when to intervene.
The judge's ruling follows a three-day trial that ended August 13. At that time, hundreds of federal soldiers were still in Los Angeles , used for security during immigration raids and as a show of force to deter protests.
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