A federal judge on Wednesday ordered the Trump administration to end its six-month federalization of the California National Guard, ruling the deployment lacks legal justification.
US federal law (10 USC § 12406) permits the president to federalize National Guard troops only when the nation faces invasion, rebellion, or the president is unable to execute federal laws with regular forces. President Donald Trump first invoked the law in June following protests against immigration raids in Los Angeles, despite objections from California Gov. Gavin Newsom—the first time in history the law was used over a governor’s objection.
Newsom and California Attorney General Rob Bonta sued the Trump administration the day after troops were first deployed. US District Judge Charles Breyer issued a temporary restraining order days later, but the Ninth Circuit stayed that order pending appeal—a case that remains unresolved.
Trump initially federalized 4,000 California Guard members. The administration drew down that number over the summer but retained approximately 300 troops. Some were later redeployed to Oregon after a federal judge there blocked federalization of Oregon’s own National Guard.
On Wednesday, Breyer granted a preliminary injunction directing the administration to return control of the remaining Guard members to Newsom. The order is stayed until noon Monday to allow an appeal.
The decision was deeply critical of the administration’s rationale. Breyer wrote:
It is profoundly un-American to suggest that people peacefully exercising their fundamental right to protest constitute a risk justifying the federalization of military forces. Such logic, if accepted, would dangerously water down this precondition for federalization and run headfirst into the First Amendment.
Newsom said of the ruling:
The federalization of the National Guard in California is illegal and must end. The President deployed these brave men and women against their own communities, removing them from essential public safety operations. We look forward to all National Guard servicemembers being returned to state service.
The ruling adds to legal setbacks for the administration’s National Guard deployments. Federal courts in Oregon and Illinois have issued similar rulings, with the Illinois case currently before the Supreme Court.