Trial to start on whether deployment of National Guard to Los Angeles violated federal law

San Francisco – A federal judge of San Francisco will examine the evidence and hear the arguments on the question of whether the Trump administration violated the federal law when it deployed soldiers of the National Guard and the US Marines in Los Angeles following demonstrations against the immigration raids this summer.

The Trump administration federally has the members of the California National Guard and sent them to the second largest American city of the Governor Gavin Newsom objections and the city leaders, after demonstrations broke out on June 7 when immigration and customs agents arrested people in several places.

California asks judge Charles Breyer to order the Trump administration to return the control of the troops remaining in the state and to prevent the federal government from using military troops in California “to execute or help the execution of federal law or any functions of application of civil law by any federal agent”.

The Posse Comitatus Act of 1878 prevents the president from using the military as a domestic police force. The case could establish a precedent on how Trump can deploy custody in the future in California or other states.

The Ministry of Defense has ordered the deployment of around 4,000 troops from the California National Guard and 700 Navies. Most of the troops have not left for 250 members of the National Guard remain, according to the latest figures provided by the Pentagon. The remaining troops are the basis for the training of joint forces in Los Alamitos, according to Newsom

Newsom won a first victory by Breyer, who found that the Trump administration had violated the tenth amendment, which defines power between federal governments and governments of the States, and exceeded its authority.

The Trump administration immediately appealed by arguing that the courts cannot guess the president’s decisions and have obtained the temporary judgment of the Court of Appeal, allowing the control of the California National Guard to stay in federal hands while the trial continues to take place.

After their deployment, soldiers accompanied federal immigration agents on immigration raids in Los Angeles and two marijuana agriculture sites in the county of Ventura, while the Marines mainly retained a federal building in downtown Los Angeles which includes a detention center at the heart of the demonstrations.

The Trump administration argued that troops were necessary to protect buildings and federal staff in Los Angeles, which was a battlefield in the aggressive immigration strategy of the federal government. Since June, federal agents have brought together immigrants without legal status to be in the United States since domestic deposits, car washing, bus stops and farms. Some American citizens have also been detained.

Ernesto Santacruz Jr., director of the field office of the Ministry of Internal Security of Los Angeles, said in court documents that the troops were necessary because the local police had been slow to respond when a crowd gathered outside the federal building to protest against the immigration arrests of June 7.

“The presence of the National Guard and the Marines played an essential role in the protection of federal goods and the staff of the violent crowds,” said Santacruz.

After the opposition of the Trump administration, Breyer made a prescription allowing California lawyers to take the Santacruz deposit. They also won a declaration by a military official on the role of the National Guard and the Marines in Los Angeles.

Lawyers of the Trump administration argued that court documents argued last week that the case should be canceled because complaints under the Comitatus law “fail in law”. They argued that there is a law which gives the president the power to appeal to the National Guard to enforce American laws when the federal police are not enough.

Trump federally federally members of the California National Guard under article 12406 of title 10, which allows the president to call the National Guard in federal service when the country “is invaded”, when there is a rebellion or a danger of rebellion against the authority of the government “or when the president is also unable to” execute the laws of the United States “.

Breyer found the demonstrations in Los Angeles “are not far from” rebellion “.”

“The trial of next week is not canceled,” he said in a decision ordering the three-day trial.