Judge blocks Trump and rules deployment of National Guard in Los Angeles illegal

A US federal judge has halted President Donald Trump's plans to deploy the California National Guard in the city of Los Angeles, ruling the move illegal and ordering that control of the troops be returned immediately to the state's governor, Democrat Gavin Newsom. 

The decision, issued by District Judge Charles Breyer, responds to a lawsuit filed by the state of California on Monday, arguing that Trump did not have the authority to mobilise state troops without the consent of its governor. 

Trump justified his order by stating that it was necessary to send reinforcements to prevent riots and protect Immigration and Customs Enforcement (ICE) agents during immigration operations. According to the president, up to 4,000 National Guard troops and 700 Marines would be sent to the city to contain the protests and ‘prevent Los Angeles from burning.’ 

However, local authorities insist that the situation is under control and that the military presence only exacerbates tensions. Governor Newsom welcomed the court's decision on social media, stating that the court had just confirmed what everyone knew, that ‘the military belongs on the battlefield, not on city streets.’

In his ruling, Judge Breyer emphasised that the essential question was whether the president had complied with the law established by Congress on the deployment of the National Guard. The answer was clear. ‘He did not. His actions were illegal. Therefore, he must return control of the California National Guard to the governor of the state of California immediately,’ he said. 

Despite this, the court order will not take effect immediately. The judge decided to suspend it until Friday afternoon to give the administration time to file an appeal, which was filed almost immediately.

At the hearing, Breyer, brother of former Supreme Court Justice Stephen Breyer, repeatedly invoked the U.S. Constitution, recalling that presidential power has clear limits: 'We are talking about the president exercising his authority. And, of course, the president has limited authority. That is the difference between a constitutional government and King George,' he said, holding a copy of the Constitution in his hand. 

The Trump administration based its action on a law that authorises the president to federalise the National Guard in the event of 'rebellion'. But for California, the recent riots, which left more than 300 people arrested and caused the closure of a motorway, do not reach such a level of severity. ‘At no time has there been a rebellion or insurrection,’ the state lawsuit argues, denouncing the excessive use of military force in a context that, it claims, can be resolved with local resources. 

The ruling reopens a historic debate in the United States about the autonomy of states vis-à-vis federal power. There has not been a deployment of the National Guard without state consent since the civil rights era, more than 50 years ago.