LOS ANGELES (Diya TV) — A legal and constitutional clash is unfolding between President Donald Trump and California Gov. Gavin Newsom after a federal judge issued a temporary restraining order blocking Trump’s deployment of California National Guard troops during immigration-related protests in Los Angeles.
On Thursday, U.S. District Judge Charles Breyer ruled that Trump acted outside his legal authority by federalizing the California National Guard without the governor’s consent. The order called the action a violation of both federal statute and the Tenth Amendment of the U.S. Constitution.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not,” Breyer wrote. “His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment.”
The restraining order demanded Trump return control of the Guard to Newsom, stating the protests in Los Angeles did not meet the legal threshold of an “armed rebellion,” the justification Trump cited for the deployment under Section 12406 of Title 10 of the U.S. Code.
Hours after Breyer’s ruling, a three-judge panel on the Ninth Circuit Court of Appeals issued an administrative stay, delaying the enforcement of the order and setting a hearing for June 17. Two of the judges were Trump appointees, and one was nominated by President Biden.
In the meantime, more than 4,000 National Guard troops and 700 Marines remain in the Los Angeles area, per Trump’s original order. Protesters had gathered in response to recent immigration raids, sparking widespread concern among local and state leaders about the militarization of law enforcement.
Newsom said he was “gratified” by the district court’s decision and criticized Trump for diverting National Guard resources from critical state missions.
“The National Guard will go back to border security, working on counter-drug and fentanyl enforcement, and wildfire preparedness,” Newsom said in a Thursday press conference. “These are the roles they were pulled from by Donald Trump.”
Trump and Department of Justice attorneys defended the deployment as lawful and necessary. In court filings, DOJ lawyers argued that the order constituted an “extraordinary intrusion on the President’s constitutional authority as Commander in Chief.” They warned that blocking Trump’s actions would amount to a “rioters’ veto to enforcement of federal law.”
Trump, speaking on Truth Social Friday morning, praised the appeals court’s decision. “If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now,” he wrote.
At a press briefing, Trump added, “All I want is safety. Los Angeles was under siege until we got there. The police were unable to handle it.” He emphasized that the Guard and Marines were sent to protect federal property and personnel.
Judge Breyer underscored the gravity of the situation in his order, noting that the federal deployment “inflames tensions,” disrupts state operations, and threatens to erode the constitutional balance of power.
“Regardless of the outcome of this case or any other, that alone threatens serious injury to the constitutional balance of power between the federal and state governments, and it sets a dangerous precedent for future domestic military activity,” Breyer wrote.
California Attorney General Rob Bonta echoed those concerns, stating in court filings that Trump’s actions reflect a “dangerous conception of federal executive power.” Bonta emphasized there was “no invasion or rebellion in Los Angeles,” just civil unrest manageable by state and local authorities.
The Ninth Circuit will hear further arguments next week, including questions about whether military involvement in immigration enforcement violates the 1878 Posse Comitatus Act, which restricts the military from engaging in domestic law enforcement.
