


Legal Battles Erupt Over Trump's Deployment of National Guard in California
President Trump's deployment of National Guard troops in Los Angeles faces legal challenges, with judges ruling his actions illegal and ordering control to be returned to Governor Newsom.

Trump’s Deportations Aren’t What They Seem

The Atlantic

The LA protests, Donald Trump, and immigration

The Economist

Trump’s Assault on California Is Faltering

New York Magazine

Appeals court says Trump can deploy National Guard—for now

World News Group

Is Trump's Troop Deployment to Los Angeles Illegal?

Rolling Stone

Judge Bars Trump's National Guard from Stopping LA Riots

Western Journal

Judge says Trump illegally deployed National Guard to LA

Military Times
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Overview
- President Trump deployed National Guard troops to Los Angeles amid protests, claiming it was necessary to protect federal property and personnel.
- California Governor Gavin Newsom opposed the deployment, leading to a lawsuit and a federal judge ruling that Trump acted illegally.
- Multiple judges have ruled that Trump's actions exceeded his authority and violated the Tenth Amendment, ordering the return of control to Newsom.
- An appeals court temporarily blocked a ruling to return control of the National Guard to California, allowing Trump to maintain some deployment.
- The situation highlights tensions between state and federal authority, with ongoing protests against immigration enforcement and Trump's military actions.
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Analysis
Emphasizes Trump's deployment of National Guard and Marines in response to protests and immigration issues.
Governor Newsom sued to prevent the deployment of the Guard against his wishes.



A federal judge temporarily blocked President Trump's takeover and deployment of California National Guard troops.



President Donald Trump deployed 4,000 National Guard troops and 700 Marines to Los Angeles to protect federal property and Immigration and Customs Enforcement officers during protests and riots.



Breyer ruled that the events in Los Angeles do not constitute a rebellion.



Texas Gov. Greg Abbott has deployed over 5,000 National Guard troops and state police to maintain peace during planned protests and demonstrations.



Judge Charles Breyer ruled that Trump's deployment of the National Guard was illegal and ordered him to temporarily relinquish control of the soldiers due to violations of the Tenth Amendment and exceeding statutory authority.



The Trump Administration has deployed the National Guard and Marines to enforce immigration policy and quell protests.



200 Marines have arrived in Los Angeles to protect federal property and personnel.



The Trump administration has appealed the order, which goes into effect on Friday at noon Pacific time, to the federal appeals court.



The 9th U.S. Circuit Court of Appeals temporarily blocked a federal judge's order for President Trump to return control of California National Guard troops to the state.



Emphasizes Governor Newsom's criticism of Trump's illegal National Guard deployment and immigration policies.
The President's actions were deemed illegal for exceeding his statutory authority and violating the Tenth Amendment to the United States Constitution.


Homeland Security Secretary Kristi Noem remains committed to continuing the Trump administration's immigration crackdown despite ongoing unrest in the U.S.


A judge ordered the president to return control of National Guard troops to California following protests over the immigration crackdown.


A federal judge issued a temporary restraining order stating that the deployment of the Guard was illegal, violating the Tenth Amendment and exceeding President Trump's statutory authority.


Gov. Gavin Newsom praised the order as a test of democracy that was passed before being blocked.


White House spokesperson Anna Kelly defended the president's actions as within his powers and criticized the federal judge's order for endangering federal officials.


Noem confirmed that immigration raids with thousands of targets will proceed despite protests.


Noem criticized Padilla's interruption as inappropriate.


The administration is willing to deploy troops to other cities for immigration enforcement and controlling disturbances.


Governor Gavin Newsom criticized President Trump for illegally deploying California's National Guard without consultation.



Emphasizes the legal disputes surrounding Trump's control of the National Guard in California.
Trump expressed gratitude to the appeals court for their decision.



Breyer ruled that Trump acted illegally by dispatching the National Guard to California and specifically to Los Angeles.



An appeals court ruled that Trump has the authority to deploy the National Guard in Los Angeles for safety purposes.



Breyer instructed Trump to transfer control of the troops to Gov. Gavin Newsom.



86% of Republicans and 52% of all respondents supported Trump's deployment of the National Guard and Marines in LA, while over three-quarters of Democrats disapproved.


Trump federalized California's National Guard without Gov. Newsom's permission, marking the first time in 60 years a president has done so without a governor's request.


A federal judge ruled that President Trump unlawfully deployed the National Guard to control anti-ICE riots in Los Angeles.


A federal appeals court has ruled in favor of President Trump retaining control over the California National Guard soldiers in Los Angeles.


Trump claimed credit for the peace in Los Angeles following the National Guard deployment, stating that Governor Newsom should have thanked him.



Breyer ruled that Trump's actions were illegal, exceeding his statutory authority and violating the Tenth Amendment to the US Constitution.



Articles (80)
Center (20)
"…The brief detention marked the first time federal troops have detained a civilian since they were deployed to the nation’s second-largest city by President Donald Trump in response to protests over the administration’s immigration arrests."


"…The protests in Los Angeles have calmed down, but they’ve spread to other cities."


"…The move is another sign of the increasingly militarized response to unrest surrounding Trump's policies."

"…The unlawful federalization of National Guard members has interfered with the state's legitimate police power, and thus it violates the Tenth Amendment."


"…The district court's order improperly impinges on the Commander in Chief's supervision of military operations, countermands a military directive to officers in the field, and puts federal officers (and others) in harm's way."
![Judge Grants TRO Against President Trump's Federalizing California National Guard [FURTHER UPDATE: Ninth Circuit Grants Stay]](https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2021/11/the-volokh-conspiracy.jpg)

"…Noem said the immigration raids that fueled the protests would move forward and agents have thousands of targets."


"…The appeals court's decision does not mean it will ultimately side with Trump, but it leaves control of the Guard in Trump's hands for the time being."

"…Americans are divided over President Donald Trump's decision to activate the military to respond to protests against his crackdown on migrants, with about half supportive of the move, according to a Reuters/Ipsos poll that closed on Thursday."


"…The hypocrisy of his calling out California Gov. Gavin Newsom and claiming the state is out of control will be highlighted by the fact that Trump says the same thing about red-state governors dealing with widespread protests."


"…The appeals court has temporarily blocked a judge's order that would have returned control of the National Guard to California."


"…The immigration raids that fueled the protests would move forward and agents have thousands of targets."

"…Judge Breyer's powerful opinion is an excellent start."


"…The order, which takes effect at noon Friday, said the deployment of the Guard was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority."


"…The district court's order improperly impinges on the Commander in Chief's supervision of military operations, countermands a military directive to officers in the field, and puts federal officers (and others) in harm's way."
![Judge Grants TRO Against President Trump's Federalizing California National Guard [UPDATE: Stay Application Filed]](https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2021/11/the-volokh-conspiracy.jpg)

"…Breyer said the federal government exceeded its authority because it did not notify Newsom, as the statute cited by the administration requires, and wrote that Trump’s actions were illegal, “both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.”"


"…A federal judge has blocked the Trump administration's deployment of California's National Guard to Los Angeles and called the move illegal."


"…The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets."


"…The ruling could still be appealed."


"…The Republican Texas governor’s move stands in sharp contrast to California Gov. Gavin Newsom, a Democrat, who has publicly clashed with Trump over his decision to deploy National Guard and Marine personnel in Los Angeles."


"…California leaders claim Trump inflamed the protests by sending in the military when it was not necessary."


FAQ
President Trump cited federal statutes that allow the use of National Guard troops to suppress the 'danger of a rebellion' or to enforce federal laws when 'regular forces' are unavailable, arguing that recent protests constituted a threat justifying federal intervention[1].
The federal judge ruled that Trump’s deployment was illegal because the sporadic violence seen during protests did not meet the legal definition of 'rebellion' required to override state authority and that the Constitution and Title 10 require the governor's consent for such federalization, which was not obtained[1].
Governor Newsom strongly opposed the deployment, stating that it violated California’s sovereignty and his authority over the National Guard. He accused Trump of overstepping federal power and filed a lawsuit to regain control of the National Guard[2].
The deployment of National Guard troops led to a significant escalation in protest numbers, with crowds growing from over 250 to more than 3,000 as demonstrators rallied against the federal intervention and immigration enforcement[2].
While a federal judge ruled to return control of the National Guard to Governor Newsom, an appeals court has temporarily blocked this decision, allowing President Trump to maintain some deployment pending further legal review[1].
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