Federal Appeals Court Temporarily Blocks Judge’s Ruling Forcing Trump to Return Control of National Guard to California

A federal appeals court has temporarily halted a lower court ruling that required President Donald Trump to return control of National Guard troops to California.

The 9th U.S. Circuit Court of Appeals issued the stay on Thursday, just hours before the district judge’s order was set to take effect at noon Friday.

The court announced it would hold a hearing on the case on Tuesday.

This came after U.S. District Judge Charles Breyer ruled that Trump’s deployment of the Guard was unconstitutional and violated the Tenth Amendment, which governs the balance of power between states and the federal government.

Judge Breyer said Trump exceeded his statutory authority under Title 10 by ordering the National Guard into Los Angeles in response to protests triggered by federal immigration raids.

His ruling did not apply to the U.S. Marines, who had not yet been deployed on the streets at the time.

Maj. Gen. Scott Sherman, overseeing operations in Los Angeles, said 200 Marines would begin protecting federal property and personnel downtown starting Friday.

Around 4,700 total troops have been deployed in the city, including some 2,000 National Guard members.

California Gov. Gavin Newsom (D) had requested the emergency halt, arguing that federal troops were aiding in immigration enforcement without state consent, per the Associated Press.

Newsom celebrated the initial ruling as a defense of democratic principles prior to the appeals court’s intervention.

President Trump reacted on his Truth Social platform, crediting the military deployment with preventing widespread violence in Los Angeles. He thanked the appeals court and defended his actions as necessary for public safety.

The White House criticized Judge Breyer’s ruling, calling it “unprecedented.” A spokesperson stated the court had no authority to override the president’s powers as commander in chief. The administration vowed to appeal and expressed confidence in a favorable outcome.

Meanwhile, 700 Marines have been receiving civil disturbance training at Naval Weapons Station Seal Beach in preparation for possible deployment. Though Marines have not been assigned to assist with immigration raids, their future role remains undetermined.

Under Title 10, the president may federalize the National Guard during events like invasions or rebellions. Judge Breyer said the current protests did not rise to such a level, noting that peaceful demonstration is protected under the First Amendment.

Governor Newsom had sued the federal government in an effort to stop the Guard’s involvement in immigration operations. He claimed using troops in such a manner would escalate tensions and provoke further unrest.

Major General Sherman confirmed that 500 Guard members had received training to accompany federal agents during immigration actions. Images have surfaced showing these troops assisting agents during raids.

No Marines have been trained for immigration operations, and it remains unclear whether they will be assigned such tasks. The focus of the Marines’ mission has been protection of federal property.

Judge Breyer found Trump’s call-up of the National Guard improper, stating the administration failed to consult with California’s governor as required under Title 10. The ruling challenged the legal foundation of the deployment.

The administration’s attorney argued that the president had fulfilled the legal requirements by notifying military leadership. He further claimed that presidential decisions on troop mobilization are not subject to judicial review.

Judge Breyer rejected that assertion, saying constitutional limits apply even to presidential power. Holding up a copy of the Constitution in court, he said the U.S. government is not an unchecked monarchy.

Protests in Los Angeles escalated after the guard’s arrival, and similar demonstrations have since spread to cities like Boston, Chicago, and Seattle. Authorities say most of Los Angeles has remained calm, with the unrest centered near City Hall and the federal detention facility.

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