A federal judge in San Francisco is considering whether the Trump administration violated federal law by deploying National Guard troops to assist immigration agents in Southern California.
The three-day trial concluded Wednesday. California contends the deployment broke the Posse Comitatus Act, which generally bars military involvement in domestic law enforcement. Administration lawyers argue the act does not apply because President Donald Trump used an authority permitting Guard activation if “the president is unable with the regular forces to execute the laws of the United States.”
Testimony from federal and military officials on the trial’s final day centered on the 1878 law and whether the court has jurisdiction to decide the limits of presidential power. Trump sent 4,000 National Guard members and later 700 Marines to Los Angeles in June after protests over immigration raids. Initially tasked with protecting federal property, Guard troops later accompanied agents arresting people suspected of being in the U.S. illegally. Between 250 and 300 Guard members remain on duty through November.
Deputy Assistant Attorney General Eric Hamilton told the court the Posse Comitatus Act does not apply because the Guard was activated under a section of U.S. Code allowing federal service during invasion, rebellion, or inability to execute federal laws. He said the troops provided security rather than direct law enforcement.
“If the purpose is the protection of law enforcement officers, it isn’t law enforcement in the first place,” Hamilton said. “On top of that, there’s the fact that a (president’s) constitutional inherent protective power is at work. That is itself an exception to the Posse Comitatus Act.”
California Deputy Attorney General Meghan Strong argued the Guard’s activities exceeded protection duties, citing instances where troops detained individuals, set up roadblocks, and blocked public streets. She said the Trump administration violated the act by having troops work alongside federal immigration officers, often in military-style uniforms.
California has asked Judge Charles Breyer to order the return of troop control to the state and bar the federal government from using military personnel in California to enforce civilian law.
“The question in this case is whether the troops that have been stationed in Los Angeles have or have not crossed that line,” said David Levine, a professor at UC College of the Law San Francisco. “Are they acting as military or are they acting as police? They can’t act as police. They can only act within their bounds.”
Hamilton said troops received at least 60 requests for assistance from federal officials and responded to most. Army Maj. Gen. Scott Sherman testified there were instances when troops outnumbered federal officers, including during an immigration operation at an illegal marijuana grow in Mecca, where about 300 soldiers and 200 federal agents were present.
National Guard personnel also joined immigration officers in raids on two state-licensed marijuana nurseries in Ventura County and at MacArthur Park in Los Angeles, intended as a show of force against people in the country illegally and protesters of the administration’s policies.
Sherman said he had concerns about potential violations of the Posse Comitatus Act and that troops were trained on the law, including prohibited activities such as security patrols, traffic control, crowd control, and riot control. He said he was told by superiors that a “constitutional exception” allowed such actions when protecting federal property or personnel.
