On Thursday, a federal appeals court extended its block of a lower court's ruling that mandated President Trump to return control of California's National Guard to Governor Gavin Newsom. The unanimous decision from a three-judge panel of the U.S. Court of Appeals for the 9th Circuit marks a significant victory for the president, allowing the continued deployment of approximately 4,000 National Guard troops to Los Angeles. These troops have been tasked with protecting federal property and assisting U.S. immigration agents during enforcement operations.
Earlier this month, President Trump invoked Title 10, a federal law that enables the president to call the National Guard into federal service. This action came in response to widespread demonstrations against immigration raids conducted across Los Angeles. Currently, the region has seen the deployment of roughly 4,100 National Guard troops and an additional 700 active-duty U.S. Marines.
Governor Newsom, a Democrat, has publicly expressed his opposition to the military presence in California’s largest city and subsequently filed a lawsuit against the president for his decision to federalize the California National Guard. In a previous ruling, U.S. District Judge Charles Breyer determined that the president's actions were illegal and exceeded his authority, issuing an order to block the deployment of the California National Guard in Los Angeles and directing Trump to return control of the troops to Newsom. Notably, this ruling only applied to the National Guard and did not affect the Marines.
The Trump administration quickly appealed Judge Breyer's decision and successfully obtained a temporary stay of his order from the 9th Circuit. During a hearing held on Tuesday, the court considered a request from the Justice Department to suspend the judge's ruling while the case unfolds. On Thursday, the 9th Circuit judges ruled in favor of President Trump, stating that it is likely he lawfully exercised his statutory authority under Title 10 to federalize the National Guard. This law allows the president to call upon the Guard during instances of rebellion or when the enforcement of U.S. laws is threatened.
The panel of judges, which included two Trump appointees and one Biden appointee, dismissed the administration's argument that the courts lacked the authority to review the president's ability to mobilize the National Guard. However, they emphasized the need for judges to defer to the president's judgment in deploying troops, referencing established legal precedents.
The court acknowledged that administration officials provided sufficient evidence to support the president's rationale for invoking Title 10, particularly in light of protests in Los Angeles that were reportedly obstructing immigration agents. The judges also concluded that the Trump administration did not require Governor Newsom's permission to call up the National Guard, despite claims that federalization orders should go through state governors.
In defense of the federalization decision, the Justice Department asserted that President Trump rightfully invoked Title 10 authorities in response to the protests, which the president characterized as a rebellion. The Justice Department maintained that the law grants the president discretion over National Guard deployments, and that the courts should refrain from second-guessing military decisions made by the commander-in-chief.
California officials countered that the Trump administration should have explored less drastic measures to address the demonstrations in Los Angeles before resorting to deploying the National Guard. Sam Harbourt, a deputy solicitor general for the state, cautioned that maintaining a military presence on California streets could escalate tensions and increase the likelihood of violence. He further argued that the president failed to comply with Title 10 requirements by not consulting with Governor Newsom prior to the call-up.
According to the Brennan Center for Justice, it had been 60 years since a president unilaterally sent the National Guard into a state without a request from that state’s government. The last occurrence was during President Lyndon B. Johnson's deployment of the Guard to Alabama in 1965 for a voting rights march.
In his memorandum detailing the deployment, President Trump stated that the protests in Los Angeles posed a threat to the security of a federal immigration detention facility and other government property. These demonstrations emerged in direct response to immigration raids being conducted across the city as part of Trump’s larger immigration enforcement strategy, which includes plans for mass deportations.
The president has since ramped up his immigration enforcement efforts, announcing on social media that federal authorities should intensify their operations to achieve a historical mass deportation initiative. Trump indicated that enforcement actions will expand to major cities like Chicago and New York, both of which are governed by Democrats.
