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A Judge Steps In: California Guardsmen Return Home

USAWednesday, December 10, 2025
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Judge Charles Breyer ruled against the Trump administration's attempts to keep California National Guard troops under federal control, particularly in Los Angeles. This is not the first time the judge has ruled against such attempts.

Background

  • Defense Secretary Pete Hegseth issued orders in August and October to keep about 300 California National Guard troops under federal control.
  • These troops were supposed to protect federal immigration agents and other government entities.
  • The October order sent 200 troops to Oregon, while the remaining 100 were spread out in Los Angeles.

Judge's Decision

  • Judge Breyer criticized the administration for keeping control of the troops without any evidence of a need.
  • He accused the administration of trying to create a national police force using state troops.
  • The judge's order is currently on hold until Monday, giving the Justice Department time to appeal.

Reactions

  • California Attorney General Rob Bonta was happy with the judge's decision, calling it a good day for democracy and the rule of law.
  • He accused the Trump administration of playing political games with the National Guard troops.

Previous Attempts

  • The Trump administration first tried to federalize the California National Guard in June using Title 10, a law that allows the president to call state Guard members into federal service under certain conditions.
  • California's governor, Gavin Newsom, sued to block this move, and the judge initially agreed with him.
  • A higher court temporarily lifted the judge's order, allowing the federalization to continue.
  • Since then, most of the federalized troops have been released, but about 300 were still under federal control.

Arguments

  • California officials argued that there was no need to keep these troops under federal control, especially since the protests in June had calmed down.
  • The Trump administration argued that the court had no right to review the president's federalization orders.
  • The judge disagreed, saying that the administration's argument would give the president too much power over state troops.

Other Incidents

  • The Trump administration has also tried to federalize state National Guards in Oregon and Illinois, but faced legal challenges in both states.
  • In Oregon, a federal judge permanently blocked the administration from deploying the state's National Guard to Portland.
  • In Illinois, a federal appeals court blocked the deployment but allowed the troops to remain under federal control.
  • The Supreme Court is now deciding whether to allow their deployment.

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