1 hr 53 min ago California asks court for emergency order blocking Trump administration from using National Guard and Marines to help with immigration enforcement

Judge denies California's request for immediate restraining order but sets arguments for Thursday

From CNN's Devan Cole

A federal judge in San Francisco declined on Tuesday California’s request to immediately block the Trump administration from using Marines and members of the state’s National Guard to enforce laws in the state, including by assisting federal officials with immigration enforcement.

Senior US District Judge Charles R. Breyer instead scheduled a hearing for 1:30 p.m. Thursday over a request from the state for a temporary restraining order that would bar officials from directing the service members to assist with certain law enforcement activities.

Attorneys for the state had asked the judge earlier Tuesday to swiftly issue the order without receiving a response from the Trump administration. But the judge has asked both sides to submit more written arguments in the case ahead of the hearing later this week.

In a brief filing to the court Tuesday afternoon, the Justice Department called the state’s request “legally meritless” and argued that if granted, it “would jeopardize the safety of Department of Homeland Security personnel and interfere with the Federal Government’s ability to carry out operations.”

Attorneys for California asked a federal judge on Tuesday for an emergency order that would temporarily prohibit the Trump administration from using Marines and members of the state’s National Guard to enforce laws in the state, including by assisting federal officials with immigration enforcement.

The request from the state for a temporary restraining order comes a day after Democratic Gov. Gavin Newsom sued President Donald Trump and Defense Secretary Pete Hegseth over their decision to federalize members of the state’s National Guard to aid in the federal response to protests happening in and around Los Angeles.

The requested order, attorneys for the state told the court, “will prevent the use of federalized National Guard and active duty Marines for law enforcement purposes on the streets of a civilian city.” But they noted that they were not seeking to prevent the federalized National Guard members from “protecting the safety of federal buildings or other real property owned or leased by the federal government, or federal personnel on such property.”

Trump and Hegseth “intend to use unlawfully federalized National Guard troops and Marines to accompany federal immigration enforcement officers on raids throughout Los Angeles,” California Attorney General Bob Bonta wrote in court papers.

“Federal antagonization, through the presence of soldiers in the streets, has already caused real and irreparable damage to the City of Los Angeles, the people who live there, and the State of California,” the filing reads. “They must be stopped, immediately.”

Earlier Tuesday, the case was assigned to senior US District Judge Charles R. Breyer of the federal trial-level court in San Francisco. Breyer, an appointee of former President Bill Clinton, has not yet responded to the emergency request and no hearing has been set.

This story has been updated with additional information.