President Trump’s decision to federalize and deploy Marines and the National Guard to help arrest illegal immigrants in Los Angeles violated the Posse Comitatus Act, a federal judge ruled Tuesday. Here’s what you need to know about the court ruling on military deployment for domestic law enforcement:
The federal court ruling
Judge finds Trump administration violated 1878 law restricting military use:
- Judge Charles Breyer, Clinton appointee to court in Northern California, also issued caution to Trump over his recent rumination about sending troops into other cities such as Baltimore, Chicago and San Francisco
- Said it sounded like “a national police force with the president as its chief”
- Judge Breyer, brother of former Justice Stephen Breyer, said iconic 1878 Posse Comitatus Act limits use of military for domestic law enforcement purposes
- Administration strayed far over those boundaries by assigning troops to unlawful duties and leaving them untrained
The constitutional violation findings
Court determines administration knowingly exceeded authority:
- “Defendants knew that they were ordering troops to execute domestic law beyond their usual authority,” Breyer wrote
- “Whether they believed that some constitutional or other exception applied does not matter; ’ignorance of the law is no excuse’”
- Administration doesn’t need to withdraw 300 remaining troops, but must limit what kinds of duties they perform
- Order also applies elsewhere in California, which could hinder Trump from sending troops to San Francisco or Oakland
The original deployment circumstances
Trump sent troops after anti-ICE protests in Los Angeles:
- Trump deployed troops in June after anti-ICE rioters rallied to try to block immigration agency from carrying out his plans to step up arrests of illegal immigrants
- President declared resistance an emergency demanding his intervention
- Said troops were necessary to help federal agents carry out their duties
- At peak, Trump had 700 Marines and 4,000 California National Guard troops in city
The troop duties and withdrawal
Military provided security but performed law enforcement functions:
- Troops provided force protection for immigration officers and security for government buildings that had been targeted by anti-ICE mobs
- Guard troops were steadily withdrawn and Marines pulled out in late July, leaving just 300 now
- Department of Homeland Security announced it had made more than 5,000 arrests since LA operation began in early June
- Breyer stayed his own order for 10 days to give government chance to appeal
The law enforcement activity analysis
Judge found troops performed prohibited duties:
- Breyer held trial last month to examine deployment
- In Tuesday ruling, said troops erected security perimeters and traffic blockades and performed crowd control
- All of which were sort of law enforcement duties that go beyond Posse Comitatus Act
- Judge also repeatedly cited Trump’s public statements about deploying troops to other cities to combat crime
The emergency justification rejection
Court found no proper cause for military deployment:
- “There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law,” Breyer concluded
- Administration deployed troops without proper cause required by Posse Comitatus Act
- Judge had previously issued ruling arguing Trump broke procedural laws in calling up troops without consent of Gov. Gavin Newsom
- Federal appeals court blocked that ruling, allowing Trump to keep troops in place
The broader immigration enforcement issues
Another judge ruled ICE operations illegal for different reasons:
- Another federal judge in Los Angeles has ruled massive arrest effort by U.S. Immigration and Customs Enforcement to be illegal
- Officers and agents are sweeping too broadly, targeting people who are speaking Spanish or hanging out at car wash
- Separate legal challenge to immigration enforcement tactics beyond military deployment
- Multiple court challenges to Trump’s immigration enforcement strategy
The California restriction order
New ruling limits troop use statewide:
- Breyer’s new order restricts use of troops anywhere in California
- Said troops can continue to protect federal buildings
- Correction notes that judge’s ruling allows current troops to remain, but they must follow limits on their activities
- Ruling could affect future military deployments in California
The Democratic response
Governor Newsom celebrates constitutional victory:
- Newsom, chief plaintiff in case, hailed Judge Breyer’s decision
- “Today, the court sided with democracy and the Constitution,” he said
- “No president is a king — not even Trump — and no president can trample a state’s power to protect its people”
- Said there “is no rampant lawlessness in California,” and crime rates are higher in some GOP-led states than in his own
Read more:
• Judge rules Trump violated Posse Comitatus Act by sending National Guard to Los Angeles
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