Trump illegally deployed national guard during LA Ice protests, judge rules

A judge has ruled the Trump administration’s use of national guard troops during southern California immigration enforcement protests is illegal.

Judge Charles Breyer ruled Tuesday that Donald Trump’s administration violated federal law by sending troops to accompany federal agents on immigration raids. The judge did not require the remaining troops withdrawn, however.

California sued, saying the troops sent to Los Angeles over the summer were violating a law that prohibits military enforcement of domestic laws. Lawyers for the Republican administration have argued the Posse Comitatus Act doesn’t apply because the troops were protecting federal officers not enforcing laws.

They say the troops were mobilized under an authority that allows the president to deploy them.

Breyer – who was appointed to the federal bench by former Democratic president Bill Clinton’s administration – ruled the deployment violated an 1878 law that generally bars federal troops from participating in civilian law enforcement.

“This was intentional—Defendants instigated a months-long deployment of the National Guard and Marines to Los Angeles for the purpose of establishing a military presence there and enforcing federal law. Such conduct is a serious violation of the Posse Comitatus Act,” Breyer wrote in the judgement.

Breyer said that his order was paused until Friday which would provide the Trump administration with an avenue to appeal before it goes into effect.

The Trump administration is involved in a broad crackdown on immigration and has targeted Democrat-run cities, threatening the use of the national guard and increasing the amount of federal agents involved in operations.

Trump has discussed further national guard deployments in Chicago, Baltimore and New York. He has already deployed the guard as part of his unprecedented law enforcement takeover in Washington DC, where the US president has direct legal control.

The Associated Press contributed to this report