LOS ANGELES — June 12 — A federal judge on Thursday issued a temporary restraining order requiring President Donald Trump to relinquish control of National Guard troops deployed to Los Angeles, siding with California Governor Gavin Newsom in a major constitutional dispute over the federal government’s role in state security operations.
The order, effective noon Friday, rules that Trump’s deployment of approximately 4,000 National Guard members to assist in immigration enforcement and protest control violated the Tenth Amendment and exceeded the legal authority granted under federal law.
U.S. District Judge Charles Breyer, who delivered the ruling, declared that the federalization of the California National Guard under Title 10 was unjustified, asserting that the current situation in Los Angeles did not constitute an “invasion” or “rebellion”—the legal conditions required to justify such action.
“The protests in Los Angeles fall far short of ‘rebellion,’” Breyer wrote. “The president is of course limited in that authority. That’s the difference between a constitutional government and King George.”
The White House did not immediately comment on the decision, though the federal government quickly filed an appeal with the Ninth Circuit Court of Appeals.
Governor Newsom originally authorized a limited National Guard presence to safeguard federal buildings but filed suit after Trump extended their role to immigration enforcement, arguing that such actions would only heighten tensions and provoke unrest.
In its response, the Trump administration labeled the lawsuit “a crass political stunt endangering American lives,” and argued that Trump had followed proper procedures under Title 10. Justice Department attorney Brett Shumate insisted that the president’s orders are not subject to judicial review.
“Courts did not interfere when President Eisenhower deployed the military to protect school desegregation,” Shumate said during the hearing. “And courts should not interfere here either.”
Judge Breyer rejected that argument, asserting that presidential powers are not absolute. During the hearing, he brandished a copy of the Constitution, emphasizing the need for legal limits. “We’re talking about the president exercising his authority, and the president is of course limited in that authority,” Breyer said.
Major General Scott Sherman, commander of Task Force 51, confirmed that about 500 of the Guard troops had been trained to support federal immigration agents. Images of Guardsmen accompanying ICE officers during operations have circulated widely, prompting outcry from civil rights advocates and local officials. The judge’s ruling does not apply to U.S. Marines also assigned to Los Angeles under separate orders.
While Guard troops have had minimal engagement with protesters, their presence has drawn widespread criticism. Immigration raids have continued across the city, with arrests reported at Home Depot parking lots and small businesses, fueling fear in immigrant communities.
Mayor Karen Bass and more than two dozen Los Angeles-area mayors held a joint press conference Wednesday, demanding an end to the immigration raids and immediate withdrawal of federal troops. “Peace begins with ICE leaving Los Angeles,” Bass said.
The protests, initially centered in Los Angeles, have now spread to other cities including Boston, Chicago, and Seattle. As the Ninth Circuit prepares to consider the government’s appeal, the legal and political fight over control of the National Guard and the scope of federal power in state affairs continues to escalate.
