Judge Breyer blocks Trump’s federal control of California Guard, orders return to Newsom
U.S. District Judge Charles Breyer issued a preliminary injunction blocking the Trump administration’s federal deployment of California National Guard troops in Los Angeles and ordered they be returned to Gov. Gavin Newsom, though he stayed the order until Monday to allow a DOJ appeal; the deployment had federalized roughly 4,000 Guards in June and only about 100 remain in the Los Angeles area. Breyer sharply rebuked the administration’s claim that extensions of federalized Guard service require no further review—warning it would create a “national police force” and upend federalism—while the White House defended its authority and the Justice Department said the troops were needed to protect federal personnel and property.
📌 Key Facts
- U.S. District Judge Charles Breyer issued a preliminary injunction blocking the Trump administration’s federalized National Guard deployment in Los Angeles and directed that the Guard be returned to California Gov. Gavin Newsom’s control; he stayed the order until Monday to allow a Department of Justice appeal.
- Breyer has previously intervened in the dispute (issuing a TRO on June 12 and ruling after a September trial that the deployment violated the law), and the new order marks a substantive change from the earlier posture after the 9th Circuit had temporarily lifted the prior TRO while appeals proceeded.
- The initial summer federalization involved roughly 4,000 California Guard members; the force has since been reduced, with about 100 Guard members remaining in the Los Angeles area and roughly 300 California Guards kept under federal control by Defense Secretary Pete Hegseth’s August and October orders (about 200 sent to Oregon and about 100 around Los Angeles), set to remain in federal service through Feb. 2.
- Breyer sharply rebuked the administration’s approach, saying it sought a “blank check,” would effectively create a perpetual national police force of state troops, and that unchecked presidential control over state National Guard units would “wholly upend” federalism.
- The Justice Department argued the federal Guard presence was needed to protect federal personnel and property in the Los Angeles area, while the White House — via spokeswoman Abigail Jackson — said the deployment was within the president’s “lawful authority” and expressed confidence in “ultimate victory.”
- The ruling comes amid related litigation around the country: an Oregon judge permanently blocked federalization there, an appeals court in Illinois blocked deployment (while allowing Guards to remain under federal control), and other judges have blocked deployments to Portland and Chicago; the Supreme Court has been asked to weigh some of those disputes.
- News accounts emphasize that the judge’s order both restores state control of California’s Guards in Los Angeles (subject to the short stay) and represents a significant legal check on the administration’s claimed authority to extend federalization of state National Guard units without further judicial review.
📊 Relevant Data
As of 2023, the Hispanic population comprises 47.2% of the population in Los Angeles, compared to about 40% statewide in California.
Los Angeles Demographics | Current California Census Data — california-demographics.com
In 2022, Black individuals accounted for 26.17% of arrests in Los Angeles, while comprising approximately 8.5% of the city's population, representing an overrepresentation of about 3 times the population share.
LAPD Arrests Maps and Analysis — LA City Controller
In 2022, Hispanic/Latino individuals accounted for 52.71% of arrests in Los Angeles, while comprising approximately 47.2% of the city's population, representing a slight overrepresentation.
LAPD Arrests Maps and Analysis — LA City Controller
The violent crime rate in Los Angeles was approximately 761 per 100,000 residents in 2023.
Crime Statistics & Trends in Los Angeles, CA (2025) — getsafeandsound.com
📰 Sources (5)
- Judge Breyer’s opinion explicitly rebukes the administration’s view that once a Guard is federalized, extensions require no further review, calling that interpretation 'shocking' and warning it would allow a 'perpetual police force' of state troops.
- Additional language from the ruling stating that unchecked presidential control over state troops would 'wholly upend' federalism.
- Context detail that the initial Los Angeles deployment in summer involved more than 4,000 Guard members before being reduced to around 100.
- White House response from spokeswoman Abigail Jackson asserting the deployment was within the president’s 'lawful authority' and expressing confidence in 'ultimate victory.'
- Judge Charles Breyer granted a preliminary injunction ordering the Trump administration to stop deploying California National Guard troops in Los Angeles and return control to the state, but stayed the order until Monday.
- California says only about 100 Guard members remain in the Los Angeles area; the administration had extended the deployment until February.
- DOJ argued Guard support was still needed to protect federal personnel and property in the area.
- PBS/AP account notes a prior appeals panel stayed an earlier TRO and that Breyer previously ruled after a September trial that the deployment violated the law; it also references other judges blocking deployments to Portland and Chicago.
- Breyer’s order is a preliminary injunction and he stayed it until Monday to allow a DOJ appeal.
- Defense Secretary Pete Hegseth’s August and October orders kept roughly 300 California Guards under federal control, sending 200 to Oregon and 100 around Los Angeles; those troops are set to remain in federal service through Feb. 2.
- Breyer criticized the administration for seeking a “blank check” and for “effectively creating a national police force made up of state troops.”
- Background detail: Mr. Trump initially federalized roughly 4,000 California Guards in June; Breyer issued a TRO on June 12, which the 9th Circuit temporarily lifted while the appeal is pending.
- Related cases: An Oregon judge permanently blocked federalization there; an appeals court in Illinois blocked deployment of Illinois Guards but allowed them to remain under federal control, with the Supreme Court now weighing whether to allow deployment.
- U.S. District Judge Charles Breyer issued an order blocking President Trump’s federalized National Guard deployment in Los Angeles.
- The ruling directs that the Guard be returned to the control of California Gov. Gavin Newsom.
- This follows a prior TRO that was stayed by the 9th Circuit; the new order marks a substantive change from the earlier, unresolved posture.