A U.S. appeals court on Thursday allowed President Donald Trump to maintain his deployment of National Guard troops in Los Angeles amid protests over stepped-up immigration enforcement, temporarily pausing a lower court ruling that blocked the mobilization.
The 9th U.S. Circuit Court of Appeals' decision does not mean that the court will ultimately agree with Trump, but it does leave command of the Guard with the president for now.
Earlier on Thursday, San Francisco-based U.S. District Judge Charles Breyer found that Trump's deployment of the Guard was unlawful. Breyer's 36-page ruling had ordered the National Guard to return to the control of California Governor Gavin Newsom, who had brought the case.
It was a short-lived victory for Newsom, as Breyer's order was paused about two and a half hours later.
Asked for a comment, Newsom's press office referred to the governor's statement after the initial ruling, and noted that the appeals court put a temporary pause on the ruling but did not reverse it.
"I'm confident, on the basis of the review of the 36 pages - absolutely it will stand," Newsom said of the district judge's order.
The three-judge appeals court panel consisted of two judges appointed by Trump in his first term and one judge who was appointed by Democratic President Joe Biden. The panel said it would hold a hearing on Tuesday to consider the merits of Breyer's order.
The court's action, called an administrative stay, gives the appeals judges additional time to consider the Trump administration's request to block Breyer's order while litigation in the case continues.
Trump summoned the National Guard on Saturday in response to protests that had broken out over immigration raids, then on Monday ordered the U.S. Marines to support the Guard.
A battalion of 700 U.S. Marines is expected to arrive on Friday, marking an extraordinary use of military forces to support civilian police operations within the United States.
The troops have stood guard at a federal detention center in downtown Los Angeles where many of the protests have taken place in a show of solidarity for immigrants detained inside. The protests so far have been mostly peaceful, punctuated by incidents of violence, and restricted to a few city blocks.
The Guard had also accompanied Immigration and Customs Enforcement agents on operations to detain immigrants.
In his ruling, Breyer wrote that the presence of the troops in the city was itself inflaming tensions with protesters - a contention made by Los Angeles Mayor Karen Bass, among others -and depriving the state of the ability to use the Guard for other purposes.
Bass on Thursday called on ICE officers to stand down from the intensified series of raids that led to the protests, saying the local economy could be harmed as immigrants stayed home from work and school for fear of being snatched off the streets.
"The peace that we need to have happen needs to begin in Washington, and we need to stop the raids," Bass told a press conference as supporters flanking her broke out in a chant of "Stop the raids."
"Peace begins with ICE leaving Los Angeles," said Bass, who has imposed a nighttime curfew over one square mile (2.5 square km) of downtown L.A.
Bass spoke after Department of Homeland Security Secretary Kristi Noem pledged to "liberate" Los Angeles at a press conference that was dramatically interrupted when federal agents dragged Democratic U.S. Senator Alex Padilla out of the room, forced him to the ground and handcuffed him.
The court battle and press conference scuffle underscored the political polarization generated by Trump's hardline approach to immigration enforcement and expansive use of presidential power.
Trump is carrying out a campaign promise to deport immigrants, employing forceful tactics consistent with the norm-breaking political style that got him elected twice.
Democrats have said the use of military force was unnecessary and an example of Trump's authoritarianism.
Americans are divided over Trump's decision to activate the military. A Reuters/Ipsos poll showed 48% of respondents agreed with a statement that the president should "deploy the military to bring order to the streets" when protests turned violent, while 41% disagreed.
Between the rulings, Newsom said the National Guard would be redeployed to its previous tasks, including border security, preparing for wildfires and countering drug smuggling.
But the Trump administration immediately appealed the judge's order, calling Breyer's ruling "an extraordinary intrusion on the President's constitutional authority as Commander in Chief."
Trump justified the deployment of troops by characterizing the protests in Los Angeles as a "rebellion," but Breyer said in his temporary restraining order that the protests fell far short of that legal standard.
"The Court is troubled by the implication inherent in Defendants' argument that protest against the federal government, a core civil liberty protected by the First Amendment, can justify a finding of rebellion," Breyer wrote.
Trump has said if he had not ordered in the National Guard the city would be in flames.
© Thomson Reuters 2025.
50 Comments
HopeSpringsEternal
Good luck with a local judge trying to interfere with US national security, this will be over-turned later this week
Tokyo Guy
I thought I recognised that family name. He's Stephen Breyer's brother.
Anyway, what does this do to Trump's appeal statistics so far? They were already an embarrassment.
He's getting humiliated by judges left, right and centre, if you'll excuse the pun.
Finally the judiciary seems to have found its spine.
Bob Fosse
“We have to go by the laws. We can't move in the National Guard. I can call insurrection but there's no reason to ever do that, even in a Portland case.
We can't call in the National Guard unless we're requested by a governor.”
He was quite clear about it.
Silvafan
Trump tries to push through nonsensical actions to reframe as accomplish later when a national or international controversy is taking place as a distraction.
The national guard was sent once every found out he is in the Epstein files which would also explain Epstein's death while Trump was in office, and Trump's attempt to various national actions while Israel attack.
He is taking advantage of the news cycle!
Silvafan
@Tokyo Guy
Except where it matters the most in the Supreme court. The conservatives justices are trying to pillage and exploit their position for their own gains.
Unfortunately, it ssems to be a common theme on the conservative side of US politics. The biggest hypocrites vote red!
Blacklabel
Oh they shopped around to the “correct” Dem appointed judge. Stands for yet another overrule.
bass4funk
Well, look what they did to Portland and look how long it took. And like California people can’t leave that state fast enough.
https://www.opb.org/article/2024/05/25/census-data-shows-people-leaving-portland-oregon-while-vancouver-grows/
I love the word “Temporary”
Bob Fosse
Yeah. Like whatever you believe is temporary because it’ll change depending on what 47 says.
JJE
Also, clear this preliminary ruling is under appeal, as the article says, which the administration immediately filed. Unclear just what relief will look like on this ruling.
Judge became overly melodramatic and started waving around a pocket copy of the constitution and going on about monarchs.
He did actually suggest several times that he was uncomfortable with the notion of micromanaging the operation of the military. He also declined to immediately consider Newsom's request to block the deployment of Marines to LA, saying it was premature because they hadn't yet arrived in the city (they are in Orange County).
Ultimately has no bearings regarding wider ongoing DHS operations in the California theatre.
Bob Fosse
Do you think a 4,000 population drop in a year is unusual? Dallas, for example dropped 5,000 in the same year.
TaiwanIsNotChina
Another one shoved back up the MAGA tail pipe. You'd think they'd get tired of this after awhile.
stormcrow
In Trump’s mind this is probably OK with him as he was just checking how far he could push the boundaries, just as an enemy tests the opponent’s defenses. Except in this case, the enemy is the president and the opponent is the U.S. Constitution.
Bob Fosse
“I can call insurrection but there's no reason to ever do that, even in a Portland case”
Was he wrong then or wrong now?
Tokyo Guy
Another one shoved back up the MAGA tail pipe. ****You'd think they'd get tired of this after awhile.
Nah, they need something to complain about like plants need light. The life of a republican is basically cradle to grave whining.
itsonlyrocknroll
Alexandria Ocasio-Cortez, Tim Walz, Kamala Harris, Karen Bass Mayor of Los Angeles, California Governor Gavin Newsom, openly show contempt for secure borders, for the right of ordinary Americans to go about their daily business in safety
The reason 5th November the US electorate overwhelming rejected their extremist policies democratically at the ballot box.
Now the democratic party with the help of a every growing number of extremist political motived activist Judges, are betraying every principle, policy ideal US democracy its freedoms the United States of America stands for
patkim
Trump is slowly turning America into a Russia or North Korea. Fortunately, there are still enough sane people to stop him from imposing his will and stop him from taking away every American's freedoms.
HopeSpringsEternal
Easy to understand how a lowly district court judge in CA could be confused, as state of California has not bothered to enforce US immigration laws for many decades
Bob Fosse
Lol 49% vs 48% is ‘overwhelming’?
bass4funk
Not even remotely close, that would be blue states because let’s not forget, they care only about one rule policy, liberal progressive way and that’s it, no dissenting allowed. I’m just happy that sensible people are packing and leaving it and not turning back
“Temporary”, it’s in the judges ruling and he knows it. What was that song the Stones used to sing about “time” again?
bass4funk
Where are the Dems now?
itsonlyrocknroll
The size of Donald Trump’s 2024 election victory, explained in 5 charts
https://www.pbs.org/newshour/politics/the-size-of-donald-trumps-2024-election-victory-explained-in-5-charts
Trump won both the Electoral College and the popular vote; in fact, Trump this year became only the second Republican to win the popular vote since 1988.
Wayne Steger, a DePaul University political scientist, said the election delivered mixed signals.
“Inflation, immigration, some evidence of backlash against Democrats on identity politics, crime, education, and a public mood moving in a conservative direction all suggested a Republican win,”
Some of the Trump victories were close, however the 5th November vote was unequivocal
The deomcrats have learnt nothing.
Close to 1.5 billion spent on the very definition of democrats failure in office.
Wasabi
So much win, Bravo!
Tokyo Guy
Where are the Dems now?
Busy not installing authoritarianism.
Also trying to do their jobs by asking questions, but getting hogtied by security guards.
itsonlyrocknroll
You could be right, Yrral I have visited US New York/ New Jersey little more than three weeks, first visit, a business trip .
I plan to return very soon. Maybe I can make these next trips a learning experience.
However no except from the rioting carnage mayhem in the media, YouTube social media
bass4funk
Translation: not doing anything except whining and dwelling on Trump. But this is good news in many ways. The Dems are making themselves and their party more and more irrelevant, so that is good news
You don't run up to someone to ask questions and in an angry fashion, that's how you get clipped. I'll bet he won't do that stunt again.
TaiwanIsNotChina
Unless a shopped around appeals court or the Supreme Court steps in, Trump's tin soldiers go bye-bye tomorrow.
TaiwanIsNotChina
Still able to win elections as Wisconsin showed.
Blacklabel
Yeah how terrible of Trump to enforce a curfew.
oh wait.
Blacklabel
the appeals court is already set in advance by district.
No shopping allowed, unlike Dems and their carefully selected districts and district judges.
bass4funk
Still able to win elections as Wisconsin showed.
Yes, pretty much.
https://youtu.be/5d04np4VXG4?si=hbEY23-P-C9rWIgq
And that's ok, if California wants to remain a struggling rich/poor state without a vibrant middle class, so be it, they continue to spiral out of control, so the only sensible thing to do is leave. Not that hard, let the illegals and the super-wealthy deal with it. I am good on that.
Underworld
Fascists like Noem and her thugs can go home.
Underworld
Maybe if Trump had bothered to involve Gavin Newsom, he would realize that they weren't needed.
But Trump already knew that. He wants to use the National Guard like a dictator.
JJE
Apart from the appeals process, there are many work arounds applicable here.
Marines aren't Gavin's toy soldiers for him to put in his sandbox and pretend to play Commander-in-Chief over on the west coast.
If anything, redirecting federal assets from elsewhere will happen. And it gives the overall Trump argument about cutting the fat out of the bureaucracy and increasing the muscle in relevant departments seem more common sensical - not that they weren't to begin with - just brings it into sharper relief.
theFu
As long as the guard and marines perform only support roles for local law enforcement and ICE agents performing their legal duty, there isn't any conflict.
I'm still confused how anyone thinks people illegally in the US should remain and be ignored. Doesn't matter if they arrived yesterday or 40 yrs ago.
As I see it, the laws that make overstaying a Visa a misdemeanor with a $500 fine aren't enough deterrent and need to be changed to a $5000 fine for each year with a $5000 minimum for both the individual and a $50K minimum for anyone providing work or a place to live for someone illegally in the US. Plus deportation for anyone without documentation to prove they are citizens, green card holders, on a valid visa, or in the process of seeking asylum with a court date.
If any part of the govt acts too quickly to detain, jail, or deport someone with a legal right to be in the US, then they need to be administratively compensated.
Trump should get the GOP working on those law changes.
Today, Trump was making completely bogus claims about the most recent people being captured by ICE, saying they were murderers and violent criminals, without providing any proof. If ICE rounds up 3000 people a day, and 5 of them are violent criminals, that's nearly all non-violent criminals being rounded up.
Don't try to argue that anyone in the US illegally isn't a criminal. They are.
Blacklabel
But if the National Guard falls under Newsom and the Dem street troops burn down LA anyway, how can you still blame Trump?
or if suddenly all violence immediately stops because Dems were controlling it all along and give the order for it to cease. What then?
you might want to think this through.
sunfunbun
Of course, this is blatantly false. He escalated a situation and decided to use his authoritarian narratives to tell all the lemmings LA protests are everywhere.
They weren't. At all. He lies, of course.
He'll do anything to be emperor to his brethren.
Bob Fosse
Noem can’t even train a puppy.
That’s who you trust?
Underworld
JJE
True and they aren't Trump's toy soldiers either.
Underworld
Blacklabel
Trump and Stephen Miller weaponing ICE to raid Home Depots is what started all this unrest in the first place. It's deeply unpopular.
bass4funk
Dems can’t lead, but you trust them.
No, it’s simple, don’t obstruct any ICE officers from presenting arrest warrants, you get in the middle of that, now YOU become part of the problem
No, we have 5 days and 1000 hours of video
Oh, stop listening to Maddow, she’ll rot your brain.
okinawarides
Trump has defended his decision, saying if he had not done so the city would be in flames.
He is probably right on this.
JJE
Good point. If the NG is withdrawn but the riots restart and get out of control - where does the blame game-go from there one wonders. Then if Newsom is forced to send them back in, it'll make him look more incompetent than he does now (if at all possible) and Trump as a clairevoyant. The rioters are emboldened too and ready to rumble in the LA jungle for another round, especially after the weak state response and dem politicians rationalizing, defending and/or excusing such behaviour.
Blacklabel
Gavin didn’t need any resources to do nothing. He had zero intention of doing anything. At all. That’s “his people” doing the violence why would he act against them?
Some dude
The view from outside the US is that Trump seems to be either willing, or able, or both, to ignore all these judges if he doesn't like how they rule. I assume that means he will just continue to send troops here and there and figuratively thumb his nose at anyone who calls him out on it.
In other words, the USA's vaunted systems of checks and balances no longer works, and that is how at least the seventy-something million people who voted for Trump want it.
JJE
The ICE raids on home depot or wherever will continue and increase. This campaign is only just kicking off - California is viewed as easily the worst jurisdiction when it comes to immigration enforcement. Noem said as much in her prepared remarks if one didn't get sidetracked by the floorshow. Look at the news - they expanded the dragnet into the hinterlands of CA to target farms.
Even better, it will be poetic to see Gavin have to send in the NG to quell this flag-waving-car-torching Trojan Horse they've created.
okinawarides
TaiwanIsNotChinaToday 12:04 pm JST.... Trump's tin soldiers go bye-bye tomorrow..
Tin soldiers ? Who th insults the National Guard? They got called up to protect buildings from being vandalized and keep streets safe, and you?
The Trees
Felon breaks law. Again. MAGA cheers. Again. There are legal ways to enforce the laws, including immigration laws, but Felon doesn’t know how or care to follow the law himself. That’s why he’s a felon, and MAGA isn’t wise enough to know the difference.
bass4funk
When the previous president forced mass vaccinations and mandatory lockdowns, you guys cheered as well, when he decided to allow millions of illegals forgive billion in student loans, not a word
Tell Bass and Newsom
Yeah, the polls don’t agree with you on that.
https://californiaglobe.com/fl/gov-gavin-newsom-approval-ratings-have-sunk-to-an-all-time-low-hated-by-younger-people/
HopeSpringsEternal
Important to note, public shifting in Trump's direction RAPIDLY on immigration, as US citizens want legal VETTED immigrants, not illegal unvetted immigrants.
Above gives Trump massive political capital to continue to pursue ICE enforcement in especially out of control sanctuary cities like LA.
Cephus
Breyer ruled against President Trump, within few hours the US Appeals Court overruled the earlier decision and the Courts Circus continues.