U.S. District Judge Charles Breyer concluded that using U.S. military troops in Los Angeles immigration raids violated the Posse Comitatus Act and stayed his ruling to allow an appeal. Breyer noted statements suggesting intent to call National Guard troops into other cities, potentially creating a national police force with the President as chief. The administration deployed roughly 5,000 Marines and National Guard troops to L.A. in June, and issued an executive order invoking Section 740 of the D.C. Home Rule Act to place the Metropolitan Police under federal control. The U.S. 9th Circuit paused an earlier order, allowing troops to remain while the case proceeds.
A federal judge ruled Tuesday that the Trump administration's deployment of U.S. military troops to Los Angeles during immigration raids earlier this year was illegal. U.S. District Judge Charles Breyer found the deployment violated the Posse Comitatus Act, which limited the use of the military for law enforcement purposes. He stayed his ruling to give the administration a chance to appeal. "President Trump and Secretary Hegseth have stated their intention to call National Guard troops into service in other cities across the country ... thus creating a national police force with the President as its chief," Breyer wrote.
Trump, who sent roughly 5,000 Marines and National Guard troops to L.A. in June in a move that was opposed by California Gov. Gavin Newsom and L.A. Mayor Karen Bass, issued an executive order declaring a public safety emergency in D.C. The order invoked Section 740 of the District of Columbia Home Rule Act that places the Metropolitan Police Department under direct federal control. In a 36-page decision, Breyer wrote that Trump's actions "were illegal - both exceeding the scope of his statutory authority and violating the 10th Amendment to the United States Constitution."
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