Legal scrutiny commences over the federal law compliance of the National Guard's deployment to Los Angeles
In June 2025, the Trump administration deployed National Guard soldiers and U.S. Marines to Los Angeles in response to protests over immigration raids. The troops were deployed under Title 10, Section 12406 of the U.S. Code, which allows federal deployment of National Guard troops in cases of a "rebellion or danger of rebellion."
The troops were tasked with protecting ICE agents and federal property, and were not authorized to perform law enforcement activities. However, California's Governor Gavin Newsom and the state have challenged this deployment in court, alleging it violated the Posse Comitatus Act, a 19th-century law that restricts military involvement in domestic law enforcement.
The core legal issue surrounds whether the military’s presence for protection amounted to unlawful law enforcement activity. A federal trial began in August 2025 before U.S. District Judge Charles Breyer, who questioned the ongoing justification for the troops remaining after the protests subsided.
As of mid-August 2025, the trial concluded its three-day testimony phase. Judge Breyer stated he would rule "as soon as possible," which could be days or weeks, and either side is expected to appeal depending on the ruling. Approximately 250 National Guard members remain in Los Angeles during this legal process, stationed at the Joint Forces Training Base in Los Alamitos.
The Trump administration's attorneys argued in court filings last week that the case should be cancelled, claiming the president has the authority to call on the National Guard to enforce U.S. laws when federal law enforcement isn't enough. The Trump administration argues the troops are needed to protect federal buildings and personnel in Los Angeles.
However, California is seeking a federal judge to order the Trump administration to return control of the remaining troops to the state. After opposition from the Trump administration, Judge Charles Breyer allowed California's attorneys to take the deposition of Ernesto Santacruz Jr., the field office director for the Department of Homeland Security in Los Angeles, and a declaration from a military official on the troops' role in Los Angeles.
The Posse Comitatus Act prevents the president from using the military as a domestic police force. If the court rules in favour of California, it could set a precedent for how future deployments of the National Guard in California or other states might be challenged. The three-day bench trial for this case has been ordered for next week.
It's important to note that federal agents have been rounding up immigrants without legal status from various locations such as Home Depots, car washes, bus stops, and farms since June. Santacruz stated that the presence of the National Guard and Marines has been essential in protecting federal property and personnel from violent mobs.
This represents a significant legal dispute over the limits of federal military deployment in domestic matters. The outcome of this trial could have far-reaching implications for immigration policy and civil liberties in the United States.
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