Can the National Guard or military arrest immigrants in California?

This page explains the rules on soldiers and immigration arrests. It is general information, not legal advice. Court cases on this topic were still moving as of October 21, 2026.

What does the law say?

The Posse Comitatus Act makes it a crime to use the Army, Navy, Marine Corps, Air Force or Space Force to enforce the law, unless the Constitution or an Act of Congress clearly allows it. The penalty is a fine, up to two years in prison, or both (18 U.S.C. 1385).

A second law tells the Defense Department to make sure service members do not take a direct part in searches, seizures, arrests or similar actions, unless another law specifically allows it (10 U.S.C. 275).

Put simply: soldiers are not supposed to be police. Immigration arrests are done by civilian federal agents, like ICE and Border Patrol.

Are there exceptions?

Yes. That is why this topic is confusing.

• When Congress allows it. The Posse Comitatus Act itself makes an exception for cases "expressly authorized" by the Constitution or Congress. Laws that allow the military to put down an insurrection are the best known example. If a president uses those laws, the rules change. Ask a lawyer what that would mean.
• Guard troops under a governor. The National Guard is usually under the command of the state's governor. When it is, the federal ban generally does not apply in the same way. In California, the Guard reports to the Governor unless the President takes control. Other states may use their Guard differently. This page does not cover every state.
• Support, not arrests. The military can sometimes give equipment, facilities or other support to civilian agencies, but under 10 U.S.C. 275 it still may not take a direct part in arrests.

What happened in California?

Here is the short version, with dates.

• June 7, 2025. The President used a law, 10 U.S.C. 12406, to put part of the California National Guard under federal command during protests over immigration raids in Los Angeles. Marines were also sent (Newsom v. Trump order, September 2, 2025).
• June 9, 2025. Governor Newsom sued. The case is Newsom v. Trump, No. 3:25-cv-04870-CRB, in federal court in San Francisco.
• September 2, 2025. Judge Charles Breyer ruled that the federal government violated the Posse Comitatus Act and ordered it to stop. The court found that troops had set up blockades, traffic control points and security perimeters, and went along with ICE on about 75 percent of enforcement operations in the Los Angeles area through mid July. In one case, a Marine held a man in flex cuffs for about 25 minutes before federal officers took him (order).
• Early September 2025. The federal government appealed, and the Ninth Circuit put that ruling on hold while the appeal goes forward (States United tracker).
• December 10 to 15, 2025. The district court ordered federalized troops out of Los Angeles. They left on December 15.
• December 23, 2025. In a separate case from Illinois, the U.S. Supreme Court denied the government's request to deploy Guard troops in the Chicago area. California's Attorney General said the Court found the government had not shown that the regular military was unable to execute the laws, and that the law used does not allow the Guard to be used for protective duties at federal buildings (California Attorney General, December 23, 2025).
• December 31, 2025. Federal control of the remaining California Guard troops ended (Democracy Docket case page).
• January 16, 2026. The district court paused the rest of the case while appeals continue (States United tracker).

Where things stand. The case trackers linked above list no Ninth Circuit decision on the Posse Comitatus appeal through their latest updates (January 16 and February 4, 2026). Before you rely on this, check the California Attorney General's news page or ask a legal group listed below. Until the appeals court rules, the September 2, 2025 ruling is a strong signal of how one court reads the law, but it is not the final word.

So can a soldier arrest me for immigration?

Under the federal ban, a soldier under federal command is not supposed to arrest you, search you or seize you for immigration. A federal court in California found that troops crossed that line in 2025. Still:

• Courts have not finished deciding these questions.
• Exceptions exist, and new orders can change things quickly.
• In practice, the people who arrest you will usually be civilian agents, sometimes with troops nearby.

What matters most for you: your rights are the same whoever stops you. You can stay silent. You do not have to sign papers you do not understand. You can ask for a lawyer. See If immigration agents come and Red cards.

What about California police?

California's Values Act limits how state and local police help with immigration enforcement. It does not bind federal agents or federal troops (Government Code 7284.4). For what local police can and cannot do, see California's law that stops local police from helping ICE.

What should I do if I see troops at an immigration operation?

1. Stay safe. Keep your distance. Do not block, touch or argue with troops or agents.
2. Know you can record from a safe distance in a public place. See How to safely watch and record ICE activity.
3. Write down details: date, time, place, uniforms, patches, vehicles, and what people did. Did troops stop anyone, block a road, or hold anyone?
4. Report it to a local rapid response network. See Report ICE activity.
5. If someone was taken, find out where. See If ICE detains someone in your family.

How can I tell soldiers from immigration agents?

It is not always easy. Some tips:

• Military troops often wear camouflage uniforms with unit patches and may use military vehicles.
• ICE and Border Patrol agents often wear vests or jackets marked "POLICE," "ICE" or "Border Patrol," but some wear plain clothes or masks.
• If you are unsure who someone is, you can ask, "What agency are you with?"

People sometimes pretend to be agents. See Spot fake immigration agents.

Questions people ask

Can the Guard come into my home? A soldier under federal command is not supposed to search homes for law enforcement. For any agent at your door, do not open it. Ask them to pass a warrant under the door. See What is the difference between an ICE warrant and a judge's warrant?

Are troops still in Los Angeles? Federalized Guard troops left Los Angeles on December 15, 2025, and federal control ended December 31, 2025. The case trackers linked on this page list no new federal deployment in California after that, through their latest updates in early 2026. Deployments can start quickly, so check the California Attorney General's news page or trusted local news.

Does this apply in other states? The Posse Comitatus Act is federal and applies everywhere. Court rulings in the California case apply in California. Some states use their own Guard, under the governor, in other ways. Ask a local legal group.

Should I stay home because of troops? That is your choice. Make a plan instead of living in fear. See Make a family preparedness plan.

Where can I get help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California rapid response networks (statewide list by county): California Collaborative for Immigrant Justice
• Free legal help (Bay Area): Free legal help in the Bay Area
• Immigration Institute of the Bay Area (Bay Area): free first consultation (650) 587-1558, by appointment. iibayarea.org

If this news is weighing on you, you are not alone. See Mental health care without fear.