
A federal judge today declined California’s request for an immediate injunction to prevent President Donald Trump from deploying Marines and National Guard troops for law enforcement, including immigration-related operations, across the state.
U.S. District Judge Charles R. Breyer instead set a hearing for Thursday to consider the state’s plea for a temporary restraining order, seeking additional arguments from both sides.
California officials had urged the court to issue an emergency block without waiting for a response from the Trump administration, citing the immediate and irreparable harm posed by the deployment. However, Judge Breyer denied this emergency request, emphasizing the need for a more comprehensive review of the legal arguments.
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The dispute stems from President Trump’s decision to deploy federalized National Guard troops and U.S. Marines to California, a move strongly opposed by Governor Gavin Newsom and Attorney General Rob Bonta.
California’s lawsuit, filed earlier this week, alleges that the deployment is an “unprecedented power grab” that violates the U.S. Constitution and federal law, particularly the Posse Comitatus Act, which generally prohibits the use of the military for domestic law enforcement. State officials argue that the deployment was undertaken without the governor’s consent, which they contend is required for the federalization of the National Guard under Title 10 U.S. Code.
The Department of Justice, in a brief filed Tuesday afternoon, dismissed California’s motion as “legally meritless.”
The DOJ argued that halting the deployment could jeopardize the safety of Homeland Security personnel and obstruct federal enforcement efforts, particularly in the context of ongoing immigration operations.
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The federal deployment comes amid escalating tensions between the Trump administration and California’s Democratic leadership, who have openly challenged federal immigration policies and raids.
Protests have erupted in parts of California, including Los Angeles and Santa Ana, with reports of rioters setting off fireworks and attempting to use barricades, as captured in a recent social media post by Hailey Grace Gomez from OC COUNTY NOW.
California’s officials have stated that the military presence, which includes approximately 4,000 National Guard troops and 700 Marines, is an “inflammatory escalation unsupported by conditions on the ground” and risks exacerbating civil unrest. They argue that the troops are not adequately trained for civilian law enforcement and that their deployment undermines the state’s sovereign right to control its own National Guard.
The upcoming hearing on Thursday is expected to delve deeper into the legal complexities surrounding the President’s authority to deploy military personnel for domestic law enforcement without state consent, and the potential implications for state sovereignty and civil liberties.
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The ruling, regardless of its outcome, is likely to have significant ramifications for the ongoing federal-state standoff over immigration and the use of federal forces within U.S. borders.
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