SACRAMENTO, the United States - A three-judge panel of the US Court of Appeals for the Ninth Circuit on Thursday allowed President Donald Trump to keep control of thousands of California National Guard members he ordered to deploy to Los Angeles.
In a unanimous 38-page order, Judges Mark Bennett, Eric Miller and Jennifer Sung said Trump is "substantially likely" to win his appeal because Title 10, section 12406 of federal law lets a president federalize a state's Guard when regular forces "cannot execute the laws of the United States."
The panel, including two Trump appointees, wrote that courts must give "considerable deference" to a commander-in-chief's assessment that the conditions for a call-up exist.
READ MORE: Appeals court allows Trump to keep National Guard in LA
The ruling lifts District Judge Charles Breyer's June 12 temporary restraining order that would have returned command to California Governor Gavin Newsom. Breyer had concluded that none of the statute's emergency triggers -- insurrection, obstruction of federal law, or interference with justice -- was met.
The ruling means the California National Guard may continue to assist US Immigration and Customs Enforcement officers in securing federal buildings and accompanying raids tied to immigration warrants. State officials argue that those duties divert troops from wildfire, drug-interdiction and disaster-relief missions, local media reported.
The appellate judges relied heavily on Martin v Mott, a 1827 US Supreme Court precedent that grants presidents broad latitude in mobilizing the militia. Legal scholars say the opinion sets a high bar for states seeking to claw back control of their Guard once it is federalized.
California on June 9 filed a lawsuit against the Trump administration, accusing the US president of "unlawfully" federalizing the state's National Guard to quell immigration protests in Los Angeles. State lawyers said Los Angeles police had contained the unrest, pointing to Los Angeles Mayor Karen Bass's estimate that about 120 demonstrators were on the streets at the height of the turmoil. They warned that a large military footprint could inflame tensions and erode community trust.
The Ninth Circuit acknowledged those concerns but said they did not outweigh what it called the federal government's "undisputed interest in safeguarding its personnel and property." The court cited evidence that protesters threw concrete, fireworks and at least one Molotov cocktail at immigration agents, injuring an officer and damaging two federal buildings.
Newsom's office said it is "reviewing all options," including a request for an entire appellate court rehearing or an emergency appeal to the Supreme Court.
Judge Breyer, meanwhile, has scheduled a Friday hearing on the state's narrower bid to confine the Guard to static security posts and bar troops from participating in arrests. This question hinges on the 19th-century Posse Comitatus Act, which restricts military involvement in civilian law enforcement.
The decision underscores an intensifying standoff between the Republican-led federal government and Democratic-controlled California over immigration enforcement and the bounds of presidential power. Constitutional experts note that the decision, though temporary, effectively keeps soldiers on city streets through the summer, as full appellate review could take months.
READ MORE: Protesters clash with National Guard troops in Los Angeles
Economists warn that prolonged federal-state conflict could delay billions of US dollars in disaster relief and infrastructure funds earmarked for California, raising fiscal stakes for both sides.
Civil-liberties groups say they are preparing additional lawsuits, arguing that the deployment chills free-speech rights and sets a precedent for military intervention in future policy disputes.
Los Angeles Mayor Bass on Tuesday lifted the curfew that had been in place in downtown Los Angeles for the past week.
