In a developing legal battle, the 9th U.S. Circuit Court of Appeals temporarily blocked a federal judge’s directive that required President Donald Trump to hand back control of National Guard troops to California. This situation arose after their deployment in response to immigration raid protests in Los Angeles.
The court announced plans to hold a hearing on the issue, just hours before the initial order was set to take effect. Earlier the same day, U.S. District Judge Charles Breyer ruled that the deployment was unlawful, infringing upon the Tenth Amendment, which outlines state and federal powers, and exceeding Trump’s statutory authority. His judgment pertained solely to the National Guard, not the Marines, as they had not yet been deployed to the streets.
Troop movement continues, with 200 Marines preparing to secure federal properties in downtown Los Angeles. Major General Scott Sherman, leading Task Force 51, maintained command over the 4,700 military personnel stationed in Los Angeles.
The Marines are set to join approximately 2,000 National Guard members, who have been present since the protests emerged last week following immigration raids. California Governor Gavin Newsom, who advocated for an emergency halt to troop activity related to the raids, approved Breyer’s ruling.
“Today was truly a test of democracy, and we emerged successful,” proclaimed Newsom before the appeal decision was announced.
Meanwhile, President Trump expressed gratitude to the appeals court via his Truth Social platform. He claimed his deployment of military forces was crucial to maintaining order in Los Angeles.
The White House characterized Breyer’s decision as “unprecedented,” arguing that it endangered federal officers. Anna Kelly, a White House spokesperson, asserted that the district court overstepped and promised an appeal. She argued Trump lawfully mobilized the Guard to defend federal assets and personnel in what she described as “lawless” Los Angeles.
In Orange County, California, approximately 700 Marines participated in civil disturbance training at Naval Weapons Station Seal Beach. Normally, governors possess the authority to mobilize the National Guard, though exceptional circumstances allow for presidential intervention. Here, Trump invoked Title 10, enabling presidential troop deployment in instances such as invasions or uprisings that threaten national law enforcement.
Judge Breyer, appointed by former President Bill Clinton, contended the unrest in Los Angeles did not constitute a rebellion. Emphasizing the First Amendment, he affirmed individuals’ rights to protest against the government, despite disruptive elements within the protests.
California had previously taken legal action to prevent the unwanted Guard deployment. In further court proceedings, Governor Newsom sought an emergency order to stop the Guard from supporting immigration raids. He voiced concerns over escalating tensions and civil unrest if troops aided immigration agents.
General Sherman reported that around 500 National Guard members had been trained to work alongside immigration agents. Photos displaying Guards providing protection for these agents had been shared by immigration officials.
Currently, there is no indication that the Marines are being trained for immigration operations, according to Sherman.
The broad ruling found that Trump inappropriately activated the Guard. Arguments against the Trump administration highlighted Title 10’s requirement for presidential coordination with governors—a step allegedly bypassed in this case.
Federal attorney Brett Shumate defended Trump’s actions, asserting compliance with the statute through communication with the troops’ commanding general, claiming such presidential decisions are beyond judicial oversight. Shumate argued the president’s judgment is not subject to judicial scrutiny.
Judge Breyer, referring to the Constitution, challenged this perspective, underscoring the limits of presidential authority and contrasting it with monarchical rule.
The protests, sparked by immigration raids, intensified upon the Guard’s arrival in Los Angeles, eventually spreading to cities like Boston, Chicago, and Seattle. President Trump’s portrayal of Los Angeles starkly conflicting with the depiction provided by Mayor Karen Bass and Governor Newsom, the protests primarily remain concentrated near City Hall and a federal detention center housing immigrants.
The unfolding legal and civic tensions continue to command national attention as stakeholders await the appeals court’s forthcoming deliberation.