Just hours after a federal court ruled in its favor, California is seeking a preliminary injunction to block the Trump administration from keeping National Guard troops in Los Angeles through November's election.

The news came amid a ruling Tuesday by U.S. District Judge Charles Breyer. He found that President Donald Trump's deployment of 4,000 California National Guard troops and 700 Marines to protect federal personnel and property (including Immigration and Customs Enforcement operations) in Los Angeles in June violated the Posse Comitatus Act of 1878. The law generally prohibits use of the U.S. military for domestic law enforcement.

Later that day, Gov. Gavin Newsom and California Attorney General Rob Bonta, both Democrats, filed a motion seeking to stop the administration's 90-day extension, announced Aug. 5, that would keep 300 National Guard troops in Los Angeles through Nov. 5, the day after California's statewide special election.

"The Trump administration continues to hold our National Guard service members hostage as part of an unprecedented attempt to militarize American streets," Bonta said in a news release. "The initial federalization and deployment of these troops was unjustified — their redeployment for an additional 90 days is absurd.

"We're asking the court to block implementation of this latest order, and we are confident that given the facts — or lack thereof — underpinning this order, the court will agree."

Breyer's injunction issued Tuesday barred the remaining 300 National Guard troops from engaging in law enforcement activities such as arrests, searches or crowd control. However, he stayed the order until Sept. 12 to allow for an appeal. He also suggested that the deployment's "top-down" approach sidelined state authority, creating a "national police force," according to the ruling.

The Trump administration appealed the ruling Wednesday to the Ninth Circuit Court of Appeals. In June, the Ninth Circuit stayed Breyer's temporary restraining order that declared Trump's federalization of the National Guard was illegal. The appeals court found that violent protests in Los Angeles upheld Trump's actions and that procedural requirements were met.

Most National Guard soldiers were released from service in early August, but Defense Secretary Pete Hegseth extended the deployment of 300 members in the city to continue executing their "federal protective mission" through at least Nov. 5, the day after the special election, when Newsom is asking voters to approve a new congressional district map that would favor Democrats.

"The timing of Trump's extension of the National Guard soldiers isn't coincidental — he's holding onto soldiers through Election Day," Newsom said in the news release. "There was never a need and there is not a need now for soldiers to be deployed against their communities.

"The federal government hasn't even tried to justify keeping the military in Los Angeles because they can't. The reality is this — they want to continue their intimidation tactics to scare Californians into submission."

Newsmax reached out to the White House for comment.

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