A federal judge ruled Tuesday that President Donald Trump’s deployment of National Guard troops in Los Angeles violated the law.
U.S. District Judge Charles Breyer, appointed to the bench in California by President Bill Clinton, concluded that Trump and Defense Secretary Pete Hegseth’s use of Marines and federalized California National Guard members to assist federal immigration authorities in the Los Angeles area violated the Posse Comitatus Act, according to court documents. The judge’s ruling follows vehement protest of Trump’s immigration crackdown in southern California elsewhere across the country. (RELATED: OPERATION DEPORTATION: Watch Never-Before-Seen Footage Of The Trump Admin’s Crackdown On Illegal Aliens)
“The evidence at trial established that Defendants 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,” Breyer wrote in the 52-page ruling.
“In short, Defendants violated the Posse Comitatus Act,” the Clinton-appointed judge concluded.
The White House didn’t immediately respond to a request for comment.
Over the summer, Trump deployed thousands of National Guard members in the Los Angeles area to support Immigration and Customs Enforcement (ICE) and other federal immigration authorities, prompting Democratic Gov. Gavin Newsom to wage a lawsuit. In response to immigration enforcement activity, anti-ICE rioters in the city repeatedly assaulted law enforcement agents and caused millions of dollars worth of damage.
LOS ANGELES, LOS ANGELES – JUNE 08: A protestor holds up a Mexican flag as burning cars line the street on June 08, 2025 in Los Angeles, California. Tensions in the city remain high after the Trump administration called in the National Guard against the wishes of city leaders following two days of clashes with police during a series of immigration raids. (Photo by Mario Tama/Getty Images)
The Comitatus Act is a 19th Century law that largely bars the use of troops for domestic law enforcement functions, according to court documents. Breyer’s ruling came after a three-day long trial in which the Clinton-appointed judge previously questioned if presidents have any limitations on their authority to use the military for domestic law enforcement matters.
Trump’s troop deployment around Los Angeles has yielded success, with the Department of Homeland Security (DHS) boasting in late August that ICE and Border Patrol agents nabbed their 5,000th illegal migrant since heightened operations in the city began in June.
“That’s 5,000 criminal illegal aliens, gang members, child predators, and murderers taken off our streets. Precious lives saved. Families protected,” Homeland Security Secretary Kristi Noem said at the time. “American taxpayers spared the cost of their crimes AND the burden of their benefits.”
Breyer’s ruling comes after most of the National Guard members have since demobilized, with only a few hundred remaining, according to court documents. However, the ruling could have major ramifications for the Trump administration as it currently cracks down on Washington, D.C., and has its eyes set on other major sanctuary cities.
DHS is currently preparing an immigration crackdown on Chicago, with preparations being made by a nearby military base and Chicago Mayor Brandon Johnson, a Democrat, already attempting to block any major operations within his city.
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