❓WHAT HAPPENED: A federal judge ordered the Trump administration to cease deploying the California National Guard in Los Angeles, returning control to Democrat Governor Gavin Newsom.
👤WHO WAS INVOLVED: U.S. District Court Judge Charles Breyer, the Trump administration, California officials, and the California National Guard.
📍WHEN & WHERE: The ruling was issued on Wednesday, December 10, in San Francisco, with California National Guard deployments also occurring in Los Angeles and other cities, such as Portland, Oregon.
💬KEY QUOTE: “In response to Plaintiffs’ motion to enjoin this conduct, Defendants take the position that, after a valid initial federalization, all subsequent re-federalizations are completely, and forever, unreviewable by the courts. Defendants’ position is contrary to law. Accordingly, the Court ENJOINS Defendants’ federalization of California National Guard troops.” — Judge Breyer
🎯IMPACT: The decision, which is temporarily on hold, could limit future federal control over state National Guard units without state approval.
A federal judge has ordered the Trump administration to return control of the California National Guard to Governor Gavin Newsom (D), effectively ending its deployment in Los Angeles. The ruling, issued by U.S. District Court Judge Charles Breyer—a Clinton appointee and brother of former Supreme Court Justice Stephen Breyer—in San Francisco, granted a preliminary injunction sought by Gov. Newsom, who argued the Trump administration cannot continuously use the state’s National Guard troops for immigration enforcement actions without his office’s approval.
“The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one,” Judge Breyer wrote. ” Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way—let alone significantly. What’s more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops.”
“In response to Plaintiffs’ motion to enjoin this conduct, Defendants take the position that, after a valid initial federalization, all subsequent re-federalizations are completely, and forever, unreviewable by the courts. Defendants’ position is contrary to law. Accordingly, the Court ENJOINS Defendants’ federalization of California National Guard troops,” the federal judge concluded—though he stayed his order from taking effect until next Monday.
The Newsom administration contended that the safety situation facing U.S. Immigration and Customs Enforcement (ICE) agents and other federal officers in Los Angeles has changed since violent anti-ICE riots erupted in the city this past June. While initially over 4,000 National Guard troops were deployed to the city, that number had fallen to about 100 in October. Notably, California officials also objected to the Trump administration’s decision to move California National Guard members to cities in other states where rioters have attacked federal property, like Portland, Oregon.
Judge Breyer previously ruled the Trump administration’s National Guard deployment in Los Angeles was unlawful in September. An even earlier ruling attempting to stop the initial deployment in June was set aside by the Ninth Circuit Court of Appeals.
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