Judge Charles Breyer ruled that the Trump administration violated federal law by deploying National Guard troops during Southern California immigration enforcement operations and protests. The judge found the troop deployment to Los Angeles contravened a statute barring military enforcement of domestic laws, but did not order the remaining troops withdrawn. The order takes effect on Friday. California sued, alleging the deployments violated the Posse Comitatus Act. Administration lawyers argued the law does not apply because troops were protecting federal officers and were mobilized under presidential authority. The decision coincides with presidential discussions of Guard deployments in several Democratic-led cities and prior Guard use in Washington.
A federal judge ruled Tuesday that the Trump administration violated federal law in the use of National Guard troops amid Southern California immigration enforcement operations and accompanying protests. Judge Charles Breyer found President Donald Trump's administration violated federal law by sending troops to the Los Angeles area. The judge in San Francisco did not require the remaining troops withdrawn, however.
He set his order to go into effect on Friday. The order comes after California sued. The state said 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.
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