A federal judge has denied California Gov. Gavin Newsom’s request for an emergency restraining order aimed at stopping President Donald Trump and the Department of Defense from federalizing the California National Guard and deploying U.S. Marines to Los Angeles, following violent clashes between immigration officers and protesters.
The complaint cites a lack of a qualifying rebellion, improper bypass of the governor, and likely violations of the Posse Comitatus Act, which bars the use of active duty armed forces and federalized National Guard for civilian law enforcement.
“There is no invasion or rebellion in Los Angeles,” Newsom’s filing reads. “There is civil unrest that is no different from episodes that regularly occur in communities throughout the country, and that is capable of being contained by state and local authorities working together. And nothing is stopping the President from enforcing the laws through use of ordinary, civilian mechanisms available to federal officers.”
The court filing accuses the Trump administration of overstepping its legal authority by deploying troops without the consent of the state, which Newsom’s legal team argues is explicitly required by the statute. The filing also claims that the deployments undermine California’s sovereignty, deprive it of vital resources, and escalate civil unrest.
The filing sought a temporary restraining order to be imposed by 1 p.m. on June 10 that would bar federal troops from participating in immigration enforcement actions, patrolling city streets, or performing any law enforcement activities beyond protecting federal buildings and personnel.
Attorneys for the Trump administration pushed back on the expedited schedule, requesting that the judge grant them a minimum of 24 hours to file a response.
The Epoch Times has reached out to the White House and the Department of Defense with requests for comment.
A White House spokesperson told The Epoch Times in response to the earlier filing that, rather than take legal action against the deployment, Newsom should instead seek prosecution of the “anti-ICE rioters who burned property and looted businesses in Los Angeles.”
“Newsom is more focused on saving face than protecting law enforcement and holding criminals accountable,” White House deputy press secretary Anna Kelly said in an emailed statement. “As the President said, Newsom should thank him for restoring law and order.”
The Marines deployed to Los Angeles under Trump’s orders have not been directed to respond to immigration protests and are currently assigned only to safeguard federal personnel and property, the Marine Corps commandant said Tuesday.
Marine Corps Gen. Eric Smith told lawmakers during a budget hearing Tuesday that the deployed battalion has not been assigned to any protests. While trained in crowd control, the Marines lack arrest authority and are present solely to protect federal property and personnel, he said.
The president added: “If we didn’t get involved, right now Los Angeles would be burning just like it was burning a number of months ago.”
“We are not playing around,” he said.
