Appeals court allows Trump keep control of National Guard in L.A.

The U.S. Court of Appeals has granted a stay in favor of the Trump administration, allowing the federal government to maintain the deployment of 4,000 California National Guard troops in Los Angeles following unrest after immigration raids.

The decision, issued Thursday, comes in response to an emergency appeal from the Department of Justice after a district court temporarily blocked the deployment and ordered the National Guard returned to the control of California Governor Gavin Newsom.

The appeals court for the Ninth Circuit found that the administration is likely to succeed on the merits of its appeal and that the President acted within his statutory authority.

The case stems from protests that erupted after federal immigration officers were confronted by demonstrators in Los Angeles. According to court filings, the protests escalated into violent confrontations, including the use of Molotov cocktails, fireworks, and physical assaults against federal agents, resulting in injuries and significant damage to federal property.

In response, President Trump ordered the temporary federalization of National Guard troops to protect federal personnel and infrastructure. California officials sued, alleging the move violated the Tenth Amendment and exceeded the President’s authority.

However, the Ninth Circuit concluded that the President’s order likely meets the legal standard that allows federalization when “the President is unable with the regular forces to execute the laws of the United States.” The panel stated that its review of such decisions must be “highly deferential” and pointed to longstanding precedent dating back to the 19th century.

The court also rejected arguments that the President had failed to follow required procedures by not issuing the order “through” the state governor. The court found that transmitting the deployment order through California’s Adjutant General, who acts in the name of the governor, likely satisfied statutory requirements.

Thursday’s ruling temporarily lifts the district court’s injunction and permits the federal deployment to continue while the appeal proceeds. A hearing on a possible preliminary injunction is scheduled for June 20 in the lower court.