A recent ruling by Judge Charles Breyer has deemed former President Donald Trump’s deployment of National Guard troops during protests in Southern California illegal. The judge’s ruling is extremely worrying for the future appropriateness of any military forces in civilian law enforcement. This can be of profound importance, particularly as regards immigration enforcement.
The controversy began when Trump ordered more than 2,200 National Guard soldiers from states such as Mississippi and Louisiana to Washington D.C. on August 11. This unprecedented move was justified by Trump’s declaration of a “crime emergency” in the nation’s capital. The deployment ended up aiming to militarize police. Crowd control and civil unrest before. Although many were motivated by the immigration protests, tensions increased and soon demonstrators started clashing with U.S. immigration officials.
Judge Breyer’s ruling focused on the legal implications of Trump’s actions, specifically referencing the Posse Comitatus Act of 1878, which generally prohibits federal military involvement in civilian law enforcement. As he announced the indictment, he argued that Trump’s behavior was a particularly damaging abuse of this statute. The judges Breyer—nominated by former President Bill Clinton—pushed the case. He condemned the deployment as seriously undermining the long-established constitutional and statutory legal framework designed to keep military and civilian functions separate.
California’s state government swiftly mobilized against Trump’s deployment. They brought a lawsuit, claiming that deploying National Guard troops to enforce domestic laws was a violation of state and federal laws. Trump’s administration made the case that the Posse Comitatus Act didn’t apply. The administration said the troops were there to protect federal officers, but not to enforce laws themselves.
That deployment, which angered many at the time, unleashed a political firestorm that reverberates today — led by vocal condemnation from California Governor Gavin Newsom and other Democratic leaders. They denounced Trump’s actions as an egregious abuse of power and a serious misuse of executive authority. Tensions increased sharply as Trump berated local leaders, blaming them and promising more National Guard troops. In particular, he called out places like Chicago, Baltimore, and New York.
This event proved to be a transformative moment in history. That was the first time since the 1992 Los Angeles riots that a U.S. president federalized National Guard troops for these purposes. Judge Breyer’s ruling is a huge victory of national significance. It furthers an important discussion on presidential powers and the growing militarization of law enforcement.