SAN FRANCISCO — A federal judge who ruled last week that the Trump administration broke federal law by sending National Guard troops to the Los Angeles area said Tuesday he will not immediately consider a request to bar the ongoing use of 300 Guard troops.
In a court order, Senior District Judge Charles Breyer in San Francisco said he was not sure he had the authority to consider California’s motion for a preliminary injunction blocking the administration’s further deployment of state National Guard troops. That’s because the case is on appeal before the 9th U.S. Circuit Court of Appeals, the judge said.
Breyer indefinitely paused all proceedings related to the state’s motion, though he suggested California officials could file the request with the 9th Circuit.
An email to the California attorney general’s office late Tuesday was not immediately returned.
Breyer’s Sept. 2 ruling took on heightened importance amid President Donald Trump’s talk of National Guard deployments to other Democratic-led cities like Chicago, Baltimore and New York. Trump has already deployed the Guard as part of his unprecedented law enforcement takeover targeting crime, immigration and homelessness in Washington, where he has direct legal control over the District of Columbia National Guard.
The Trump administration sent troops to the Los Angeles area in early June after days of protests over immigration raids.
Breyer ruled the administration “willfully” broke federal law, saying the government knew “they were ordering troops to execute domestic law beyond their usual authority” while using “armed soldiers ( whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles.”
He did not require the 300 remaining soldiers to leave but pointed out that they received improper training and ordered the administration to stop using them “to execute the laws.” The order that applies only to California was supposed to take effect Sept. 12, but the 9th Circuit has put it on hold for now.
California later sought a preliminary injunction blocking an Aug. 5 order from the administration extending the deployment of the 300 troops for another 90 days.
The further deployment “would ensure that California’s residents will remain under a form of military occupation until early November,” including while voting on Nov. 4 on whether to adopt new congressional maps — “an election with national attention and significance,” state officials said in a court filing.
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