A Clinton-appointed federal judge has just ruled that President Donald Trump’s decision to deploy thousands of National Guard troops and Marines to Los Angeles County amid violent protests against immigration enforcement operations violated federal law.
On Tuesday, Judge Charles Breyer of the United States District Court for the Northern District of California said Trump ran afoul of the 1878 Posse Comitatus Act, which restricts the use of the military to enforce domestic law.
The activist judge is the younger brother of liberal former Supreme Court Justice Stephen Breyer.
Breyer claimed the administration “systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles.”
The Trump administration countered that the roughly 4,000 National Guard troops and 700 Marines deployed to Los Angeles were sent only to protect federal buildings, property, and personnel as violent anti-ICE riots escalated in the city.
Breyer’s injunction, which takes effect in 10 days, prohibits the military personnel still stationed in Los Angeles from “engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants.”
To prevent the injunction from coming into force, the Trump administration must satisfy what Breyer called “a valid constitutional or statutory exception.”
The lawsuit was filed by California Gov. Gavin Newsom.
The Democrat governor has repeatedly clashed with Trump over immigration enforcement.
Newsom celebrated the decision as a political victory.
“DONALD TRUMP LOSES AGAIN,” Newsom posted on X.
“The courts agree — his militarization of our streets and use of the military against US citizens is ILLEGAL.”
DONALD TRUMP LOSES AGAIN.
The courts agree — his militarization of our streets and use of the military against US citizens is ILLEGAL. pic.twitter.com/rDq1Li5fug
— Gavin Newsom (@GavinNewsom) September 2, 2025
Meanwhile, Trump officials have blasted the ruling as misleading.
Acting U.S. Attorney for the Central District of California Bill Essayli said the injunction does not change the fact that troops will remain in Los Angeles to safeguard federal operations.
“The military will remain in Los Angeles,” Essayli wrote on X.
“This is a false narrative and a misleading injunction.
“The military has never engaged in direct law enforcement operations here in LA.
“They protect our federal employees [and] our properties so our federal agents can safely enforce federal laws in the face of the thugs being unleashed and encouraged by state and local politicians.”
This is not the first time Breyer has attempted to block Trump’s efforts.
A previous ruling by the same judge stopping Trump from asserting control over the National Guard was overturned by the Ninth Circuit Court of Appeals, which sided with the administration’s argument that the Guard’s role was limited to protecting federal property.
The latest decision sets up another likely appeals battle between Trump’s Department of Justice and California Democrats.
It comes as the state’s Democratic leaders continue to resist federal immigration enforcement efforts in California.
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