Judge Shuts Down LA Guard Deployment...For The Second Time
A federal judge has ordered an end to the deployment of California National Guard troops in Los Angeles, saying the government went too far by seizing control of state forces in response to immigration protests.
CNN reports that, according to the ruling, command of the National Guard will return to California Gov. Gavin Newsom, who has fought the mission in court for months.
U.S. District Judge Charles Breyer granted a temporary court order siding with California officials who argued the federal deployment violated the limits on executive power.
“It defies the record – and common sense – to conclude that risks stemming from protests – in August, October, or even present day – could not have been sufficiently managed without resorting to the National Guard,” the judge wrote as shared by CNN.
Breyer found there was no legal basis to treat protests against immigration enforcement as a “rebellion” or ongoing emergency that would justify keeping state troops under federal control into next year.
The California National Guard was first deployed to L.A. this June, after aggressive immigration enforcement actions in Southern California drew large, albeit legal, demonstrations. At one point, thousands of Guard members were mobilized. Now, only a fraction of that remains on duty in the city as the legal fight has dragged on and officials have gradually scaled back.
Breyer previously ruled the deployment unlawful, but an earlier decision was paused by an appeals court, allowing the federal government to maintain control of the Guard while the case moved forward.
In this latest ruling, he again rejected arguments that courts must stay out of decisions to federalize state forces, calling that view too broad and out of step with the system of checks and balances.
Newsom has welcomed the decision.
“Today’s ruling is abundantly clear – the federalization of the National Guard in California is illegal and must end,” Newsom said in a statement. “The President deployed these brave men and women against their own communities, removing them from essential public safety operations.”
The new order is on hold until next Monday, giving the government a short window to seek an emergency appeal.
Suffice to say, it’s a wrap…for now.