The federal government’s unprecedented deployment of National Guard forces to Los Angeles, ordered by President Donald Trump to assist in his immigration enforcement agenda, is facing a legal challenge in a San Francisco courtroom.
On Tuesday, California’s legal team argued before U.S. District Judge Charles Breyer that the presence of soldiers on city streets violated the Posse Comitatus Act, a 19th-century law that prohibits the military from engaging in civilian law enforcement.
Meghan Strong, representing the California Attorney General’s Office, claimed the administration’s objective was “to display such overwhelming military force that any opposition to their agenda was silenced.”
In response, Justice Department attorney Eric Hamilton contended that “substantial violence” in Los Angeles warranted the military’s involvement, insisting that troops were there solely to protect federal agents and property.
President Trump dispatched 700 Marines and 4,000 National Guard members to Los Angeles in June following several days of unrest and protests triggered by large-scale immigration raids. California Governor Gavin Newsom opposed the decision and filed suit, alleging it breached federal restrictions on military participation in domestic law enforcement.
Judge Breyer will also consider whether Newsom has the legal standing to bring the case. No timeline has been set for his ruling.
The administration has argued that its actions fall under exceptions to the Posse Comitatus Act, which allow the military to safeguard federal personnel and property. California counters that troops engaged in prohibited activities, including setting up roadblocks, redirecting traffic, and making arrests—measures the state argues constitute unlawful policing.
Government witnesses acknowledged that while such actions are generally prohibited, they can be justified if federal personnel or facilities are in danger.
Breyer questioned the administration’s interpretation of presidential authority, asking Hamilton during closing arguments, “Is it a ‘rebellion’ simply because the president says it is?”
Although many troops have been withdrawn, California Attorney General Rob Bonta stated that approximately 300 National Guard members continue to participate in immigration raids and restrict civilian movement within the state.
The outcome of this case is unlikely to halt Trump’s separate plan to deploy hundreds of National Guard troops to Washington, D.C., to combat crime—a move he has suggested could be replicated in other U.S. cities.
