A federal judge ruled Tuesday that President Donald Trump violated the Posse Comitatus Act when he activated thousands of National Guard members and deployed Marines to California during anti-ICE protests last June.
Judge Breyer’s Ruling
U.S. District Judge Charles Breyer, appointed by President Bill Clinton, said Trump and Defense Secretary Pete Hegseth exceeded their legal authority by using military forces in domestic law enforcement.
The Posse Comitatus Act, passed in 1878, generally prohibits the use of the military to enforce civilian law. Breyer said violations could include riot control, arrests, or traffic stops.
“The administration’s warnings about sending the National Guard to other blue cities amount to creating a national police force with the President as its chief,” Breyer wrote.
The order applies only to California but could have broader implications as Trump has threatened to deploy troops in Chicago and other Democratic-led cities to combat street crime.
Background of the Deployment
In June, Trump federalized about 4,000 National Guard members and sent 700 Marines to support immigration raids and riot control in California, despite strong opposition from Gov. Gavin Newsom.