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A federal judge has ruled that President Donald Trump acted illegally when he seized control of California’s National Guard during ICE-related riots in Los Angeles.
U.S. District Judge Charles R. Breyer issued the decision Thursday, siding with Governor Gavin Newsom and ordering Trump to return control of the Guard to the state “forthwith.”
“His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer wrote. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
“Federalism is not optional,” the ruling states. “Even the president cannot legislate by fiat.”
JUDGE MULLS TRUMP’S AUTHORITY OVER NATIONAL GUARD, WARNS US IS NOT ‘KING GEORGE’ MONARCHY
U.S. National Guard are deployed around downtown Los Angeles, Sunday, June 8, 2025, following an immigration raid protest the night before. (AP Photo/Eric Thayer) (AP Photo/Eric Thayer)
Recent anti-ICE protests have led to riots, looting, and clashes with federal agents in Los Angeles. Trump issued a proclamation invoking federal authority, but Breyer rejected the justification, calling it constitutionally hollow.
In his order, U.S. District Judge Charles R. Breyer granted the plaintiffs’ request for a temporary restraining order and took immediate action to halt federal control of the California National Guard.
“Defendants are temporarily ENJOINED from deploying members of the California National Guard in Los Angeles,” the ruling states. “Defendants are DIRECTED to return control of the California National Guard to Governor Newsom.”
A protester places debris in a fire as Border Patrol personnel in riot gear and gas masks stand guard outside an industrial park in Paramount, Calif., on Saturday, June 7, 2025. (AP Photo/Eric Thayer)
The court stayed the order until noon on June 13, 2025, giving the defendants a narrow window to comply. Plaintiffs were also ordered to post a nominal bond of $100 within 24 hours.
Looking ahead, Judge Breyer scheduled a hearing to determine whether the temporary restraining order should become a preliminary injunction.
On Thursday evening, the government’s emergency motion led to a temporary stay by the 9th Circuit Court of Appeals of the district court’s restraining order with a response due June 15, reply due June 16, and Zoom hearing scheduled for June 17. The 9th’s order said: “The court has received the government’s emergency motion for stay pending appeal. The request for an administrative stay is GRANTED. The district court’s June 12, 2025 temporary restraining order is temporarily stayed pending further order.”
California Attorney General Rob Bonta praised the ruling Thursday night, calling it “an important step forward in protecting our communities and our rights while we continue to make our case in court.”
“The Trump administration had no right to federalize 4,000 California National Guard troops without authorization from Governor Newsom,” Bonta said. “Trump’s actions were illegal, trampled on our state sovereignty, escalated tension on the ground, and promoted rather than quelled unrest.”
Bonta also stressed that the situation in Los Angeles did not justify a military response. “We aren’t in the throes of a rebellion. We are not under threat of an invasion. Nothing is preventing the federal government from enforcing federal law,” he said.
California Attorney General Rob Bonta gives an overview to press on new, “know your rights,” guidance for California immigrants at the offices of Asian Americans Advancing Justice in Los Angeles on December 17, 2024. (Genaro Molina/Los Angeles Times)
He cited support from top retired military officials. “Just yesterday, a group of former secretaries of the Army and Navy and retired four-star admirals and generals joined together to publicly support our lawsuit,” Bonta noted. They warned against unlawful domestic deployments that “threaten core national security and disaster relief missions.”
“The truth is, the president is looking for any pretense to place military forces on American streets to intimidate and quiet those who disagree with him. It’s not just immoral—it’s dangerous, and it’s illegal,” Bonta said.
“We’d rather we have a president who follows the law and complies with the Constitution,” he said. “It’s not a good thing for the great United States of America to have a president, the most powerful elected official on the face of the Earth, to violate the law so frequently, to have such contempt for the U.S. Constitution and the rule of law.”
“He’s done it again,” Bonta said, “and it’s incumbent upon me and my fellow Democratic attorneys general… to be consistent and resolute, unapologetic and immovable in our commitment to taking [him] to court each and every time he breaks the law.”
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The Trump administration, however, disagrees and says that the court’s decision puts many federal officials in danger.
“The court’s order is unprecedented and puts our brave federal officials in danger. The district court has no authority to usurp the President’s authority as Commander in Chief. The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles. The Trump Administration will immediately appeal this abuse of power and looks forward to ultimate victory on the issue,” White House spokesperson Anna Kelly said.
Jasmine is a writer at Fox News Digital and a military spouse based in New Orleans. Stories can be sent to jasmine.baehr@fox.com
