Federal Judge banned today (02.09.2025) to the President’s government Donald Trump to develop the Militia to California to deal with crime.
In particular, regional judge Charles Breyer, based in San Francisco, issued a mandate that forbids Donald Trump from developing the National Guard in the northern region of California.
At the same time, however, it suspended the implementation of these interim measures by September 12, 2025, as the Trump government is expected to appeal.
THE Trump ordered 4,000 National Guards and 700 Active Marines in Los Angeles to develop 4,000 ethnicfollowing the protests on large -scale raids on arresting immigrants in the second largest US city.
This decision triggered tensions in the city and was convicted by Democrats who say that The President uses the army to stifle reactions to his harsh immigration policy. This case raises new, legal questions about the presidential powers.
California Democratic Governor Gavin Newsom appealed to the courts against the Trump mandate on the grounds that Soldiers’ development violates a 19th -century lawthe so -called Posse Comitatus, which drastically restricts the use of the Federal Army to enforce the law on states.
The government claims that the Constitution allows the presidents to use the army to protect federal employees and federal property.
The previous judicial disputes
In June, Breyer had again ruled that the development of the National Guard in California was probably illegal, but the decision was overthrown a week later than the 9th Regional Court of Appeal.
The three -day trial, which was concluded on August 13, 2025, concerned the actions of the soldiers after they were deployed to assist federal officials and immigration agents.
Lawyers of the California General Prosecutor’s Office tried to show that the soldiers were carrying out police duties – for example, set up security and arrested two people – and their presence was not necessary from the outset. They warned that a decision in favor of the Trump government would mark a “huge and unprecedented change in the role of the army in our society”.
The government’s legal advisers, on the other hand, tried to prove that the soldiers were acting solely to protect the federal agents from possible threats and that they remained within the legal limits.
Breyer appeared to be worried that there are few limits on the discretion of the head of the army to decide when this protection is needed.
The National Guard as a ‘Pressure Tool’
Thousands of soldiers still remained in Los Angeles when the trial was held, although protests had long stopped.
The soldiers were used as a security force during raids on cannabis crops outside the city and as a demonstration of power to prevent protests in a popular park during a business by immigration agents, according to data presented in the trial.
By another decision, Trump sent national guards to patrol the Washington capitalarguing that it is plagued by crime.
Breyer’s decision is unlikely to influence the situation there, as the president has more room for moves in the Columbia federal district than in the states.