President Trump’s use of Nationwide Guard troops towards immigration protesters in Los Angeles is unlawful, a federal choose dominated Tuesday.
About 300 Nationwide Guard members stay on the streets of Los Angeles, however Breyer didn’t order their fast removing. His ruling just isn’t scheduled to enter impact till Sept. 12, permitting the Trump administration time to attraction.
A U.S. Marine stands guard exterior of the federal constructing advanced in downtown on June 17, 2025 in Los Angeles, California. (Scott Olson/Getty Photos)
Within the ruling, Breyer additionally famous Trump’s threats to deploy the Nationwide Guard in different cities throughout the U.S., together with New York, Chicago and Baltimore. He stated this may additionally violate the Posse Comitatus Act, the 1870s legislation that stops navy troops from implementing the legislation on U.S. soil.
“President Trump’s recent executive orders and public statements regarding the National Guard raise serious concerns as to whether he intends to order troops to violate the Posse Comitatus Act elsewhere,” Breyer wrote.
US Marines stand guard exterior the Federal Constructing throughout a protest towards the Trump administration in the course of the “No Kings” nationwide rally in downtown Los Angeles, California, on June 14, 2025, on the identical day as President Trump’s navy parade in Washington, DC. (RINGO CHIU/AFP by way of Getty Photos)
The Trump administration will nearly certainly attraction the ruling. Tuesday’s resolution was not even the primary time Breyer dominated Trump’s Nationwide Guard deployment in Los Angeles to be unlawful. Again in June, he dominated Trump violated the Tenth Modification by calling up the Guard over the governor’s objections, however an appeals court docket reversed that call days later.
Trump initially deployed practically 5,000 troops to Los Angeles in response to protests towards his immigration crackdown. Lots of these troops have since departed.

