California's National Guard federalized over the governor's objection, the first call-up without a governor's request in 60 years

After a trial, Judge Charles Breyer found on September 2, 2025 that using federalized Guard and Marine forces for civilian law enforcement in Los Angeles violated the Posse Comitatus Act; the Ninth Circuit stayed that ruling administratively on September 4. On December 10 he enjoined the Los Angeles deployment, effective at noon on December 15, and on December 12 the Ninth Circuit declined to stay that part of his order. The government withdrew its stay motion on December 30, and on December 31, 2025 Trump abandoned the Guard deployments to Los Angeles, Portland and Chicago.

A presidential memorandum of June 7, 2025 called National Guard members into federal service under 10 U.S.C. 12406 to protect ICE and other federal personnel and property at any locations where protests were occurring or likely to occur; it never mentioned Los Angeles or California. Defense Secretary Pete Hegseth federalized 2,000 California Guard members that day and 2,000 more on June 9, and sent about 700 active-duty Marines to Los Angeles. Governor Newsom opposed the deployment and asked that it be rescinded; TIME reported it was the first time in 60 years a president had called up a state's Guard without a request from its governor. A Ninth Circuit panel held on June 19 that the federalization itself was likely lawful, and that transmitting the order through California's Adjutant General likely satisfied the statute's requirement that orders be issued 'through' the governor; the Ninth Circuit later declined en banc review of that panel finding.

After a trial held August 11 to 13, 2025, Judge Charles Breyer ruled on September 2 that President Trump, Secretary Hegseth and the Department of Defense had violated the Posse Comitatus Act by using Guard and Marine forces to execute the law in Los Angeles, and enjoined them from using the Guard or any military troops deployed in California to execute the laws. The Ninth Circuit granted an administrative stay of the ruling on September 4, 2025.

On December 10, 2025, in a separate order, Breyer enjoined the deployment of California National Guard members in Los Angeles, effective at noon on December 15. On December 12 the Ninth Circuit stayed only the part of that order returning control of the Guard to Newsom and denied a stay in all other respects. The government withdrew its motion for a stay pending appeal on December 30, and on December 31 the Ninth Circuit vacated its administrative stay and Trump announced, following a string of legal defeats, that he would end the Guard deployments to Los Angeles, Portland and Chicago; the troops were withdrawn.

Documented

Mixed: federalization held likely lawful under the statute (Ninth Circuit); its use for civilian law enforcement violated the Posse Comitatus Act (district court, after trial)

Federalized 2025-06-07 and 2025-06-09; PCA ruling 2025-09-02; Ninth Circuit administrative stay 2025-09-04; Los Angeles deployment enjoined 2025-12-10, effective 2025-12-15; stay denied 2025-12-12; stay motion withdrawn 2025-12-30; deployment ended 2025-12-31