A federal judge on Wednesday ordered President Trump to end the remaining federal control of California National Guard troops deployed in Los Angeles and to return command authority to Gov. Gavin Newsom (D).
U.S. District Judge Charles Breyer ruled that the administration improperly kept roughly 100 Guard members in the city months after Trump initially deployed troops in response to immigration-related protests this summer, some of which became violent. In a 35-page opinion, Breyer framed the dispute as a separation-of-powers issue, writing: “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.”
While the decision is a setback for the administration, Breyer temporarily paused enforcement until Monday, giving the Justice Department time to appeal. The White House signaled it intends to do so.
“President Trump exercised his lawful authority to deploy National Guard troops to support federal officers and assets following violent riots that local leaders like Newscum refused to stop,” White House spokesperson Abigail Jackson said in a statement. “We look forward to ultimate victory on the issue.”
Trump deployed thousands of National Guard troops to Los Angeles this summer as demonstrations escalated—part of a broader approach to bolstering public order in several major, Democrat-run cities where local officials faced criticism for failing to contain unrest. The move quickly triggered a lawsuit from Newsom and California Attorney General Rob Bonta (D), who argued the federal government overstepped its authority.
A judge initially blocked the deployment, but an appeals court later paused that ruling. Since then, most troops have been sent home, leaving a smaller footprint.
Breyer’s latest decision focuses on the administration’s extension of the deployment, which kept 300 California National Guard troops under federal control until February. Under that arrangement, 200 troops were sent to Oregon, while the remainder continued operations in Los Angeles.
At the center of the legal fight is the statute the administration cited to justify the deployment. It permits federal activation in cases of an invasion, rebellion, or another circumstance where “the President is unable with the regular forces to execute the laws of the United States.” Breyer found that standard was not met for the extended deployment, and his order blocks the continued federal control of the Guard in California—unless an appeals court intervenes.
