Federal Judge Weighs Whether Trump Administration Violated Law Deploying National Guard Troops

California has argued that deploying National Guard troops to accompany immigration agents on raids in Southern California violated the Posse Comitatus Act, which generally prohibits military enforcement of domestic laws. A three-day trial, which concluded Wednesday, has left Judge Charles Breyer to consider whether the Trump administration broke the law. The case centers around the deployment of 4,000 National Guard members and 700 Marines in June to protect federal property and later to guard federal agents during immigration raids. California Deputy Attorney General Meghan Strong argued that the troops had an active role in enforcing the law, detaining people, and setting up roadblocks, while the Trump administration claimed that the troops were providing backup security for federal agents.

Key Takeaways:

• The Trump administration deployed 4,000 National Guard members and 700 Marines to Los Angeles in June to protect federal property and later to guard federal agents during immigration raids.
• California has argued that the deployment of National Guard troops violates the Posse Comitatus Act, which prohibits military enforcement of domestic laws.
• Deputy Attorney General Meghan Strong argued that the troops had an active role in enforcing the law, detaining people, and setting up roadblocks.
• Trial witnesses testified that troops outnumbered federal officers in some instances, raising concerns about the limits of presidential power.
• The Trump administration claimed that the troops were providing backup security for federal agents, and Deputy Assistant Attorney General Eric Hamilton said that the Posse Comitatus Act does not apply because the Guard was deployed under a section of U.S. Code.
• California is asking Judge Charles Breyer to order the Trump administration to return control of the remaining troops to the state and to stop the federal government from using military troops in California to enforce civilian law.

Statistics:

• 4,000 National Guard members and 700 Marines were deployed to Los Angeles in June.
• The troops have been activated through November.
• On at least two occasions, troops detained people, and they set up roadblocks and perimeters blocking access to public streets.
• Troops responded to at least 60 requests for assistance from federal officials.
• Army Maj. Gen. Scott Sherman testified that there were times when troops outnumbered federal officers.

Sources:

• [Byline: Olga R. Rodriguez, San Francisco Chronicle, Trial on Trump Administration's Use of National Guard Wraps Up]
• [US Code Section used by the Trump administration to deploy the Guard, Title 10, Chapter 13, Subchapter I, Section 12]