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Judge Rules Trump’s Federal Takeover of California Guard Illegal, Staying Return Order for Appeal

The administration has appealed to the Ninth Circuit to halt the return of troops to state control

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California National Guard members stand guard outside a federal building as protests continue in response to federal immigration operations in Los Angeles on June 10. Photo: Apu Gomes/AFP via Getty Images
Protesters confront a line of U.S. National Guard in the metropolitan detention center of downtown Los Angeles, on Sunday, following the previous night's immigration raid protest.

Overview

  • U.S. District Judge Charles Breyer found on June 12 that President Trump exceeded his statutory authority and violated the Tenth Amendment by federalizing 4,000 National Guard members and mobilizing 700 Marines in Los Angeles protests.
  • Breyer ordered the Guard returned to Governor Gavin Newsom’s authority but stayed that mandate until 3 p.m. ET on Friday to give the administration time to appeal.
  • The Justice Department asked the Ninth U.S. Circuit Court of Appeals to block Breyer’s order from taking effect, arguing the president has the right to deploy troops to protect federal law enforcement.
  • Governor Newsom praised the ruling as a victory for state sovereignty and condemned the deployment as an authoritarian overreach.
  • Protests against federal immigration raids persist in Los Angeles and a nationwide day of action is scheduled for June 14.