A federal judge ruled Tuesday that President Donald Trump violated U.S. military law by deploying thousands of National Guard troops and a contingent of Marines to California during anti-ICE protests earlier this year.
The court found the move unlawful under the 150-year-old Posse Comitatus Act, which restricts the use of federal military forces in domestic law enforcement.
Judge Charles Breyer, appointed by President Bill Clinton, issued the decision in response to a legal challenge from the state of California.
The case centered on Trump’s decision to federalize approximately 4,000 National Guard members and deploy an additional 700 Marines to assist in federal immigration enforcement efforts in the state, over the objection of Democratic Governor Gavin Newsom.
Military Deployment for Law Enforcement
Judge Breyer concluded that both President Trump and Secretary of Defense Pete Hegseth exceeded their legal authority by using military forces for law enforcement purposes.
According to the ruling, the use of troops for riot control, making arrests, or establishing traffic checkpoints constitutes a violation of the Posse Comitatus Act.
While the ruling applies only to California, Breyer warned that the administration’s broader efforts to send federal troops to other Democratic-led cities could represent what he called the creation of “a national police force with the President as its chief.”
During a three-day trial in August, Breyer expressed concern over the lack of clear legal limits on the use of federal troops in domestic settings.
“I go back to the thing that I’m really troubled by: What limiting factors are there to the use of this force?” he asked in court.
Newsom Celebrates Ruling
Governor Gavin Newsom, who opposed the troop deployment from the outset, responded to the ruling by declaring victory.
“The courts agree — his militarization of our streets and use of the military against U.S. citizens is ILLEGAL,” Newsom posted on social media. He concluded the message with: “Trump LOSES AGAIN.”
Although most of the troops had already been demobilized by the time of the ruling, California attorneys argued during the trial that approximately 300 National Guard soldiers remained active in the state. They cited this as a “significant” ongoing violation of the Posse Comitatus Act.
“That’s certainly a large enough number of soldiers to constitute a Posse Comitatus Act violation,” one of the attorneys stated.
National Implications
While the practical effects of the ruling in California may be limited, the case could set legal precedent as the Trump administration continues to use National Guard forces in other jurisdictions.
The ruling may influence pending or future deployments in cities such as Washington, D.C., and Chicago, where federal troops have been considered for crime control operations.
The Department of Justice under President Trump is expected to appeal the decision, potentially escalating the case to the Ninth Circuit Court of Appeals and eventually the U.S. Supreme Court. If upheld, the ruling could restrict how future administrations interpret the limits of military involvement in civil matters.
