A federal appeals court has ruled that President Donald Trump can temporarily retain control over thousands of California National Guard troops, who were deployed to Los Angeles in response to immigration-related unrest.The 9th US Circuit Court of Appeals granted Trump’s request to pause a lower court’s order that required him to relinquish authority over about 4,000 National Guard members. The decision allows the president to maintain command while legal proceedings continue.The court, in an unsigned opinion, stated that Trump likely acted within his legal authority under 10 USC 12406, the statute he used to federalize the Guard. The panel — made up of two Trump appointees and one Biden appointee — rejected California Governor Gavin Newsom’s argument that the president had violated federal law by bypassing the state in activating the troops.Judge Charles Breyer had earlier ruled that Trump’s action was illegal because it failed to comply with the statute’s requirement that federalization orders be issued “through the governor.” In Trump’s case, Defense Secretary Pete Hegseth delivered the order to the state’s top general rather than Governor Newsom directly. However, the appeals court found this likely fulfilled the law’s procedural requirement, as the general is considered the governor’s agent.The dispute stems from Trump’s deployment of the Guard to assist with federal immigration enforcement after widespread protests in Los Angeles. Some of the protests reportedly involved vandalism and attacks on federal property, prompting the administration to cite a need for federal troops.The court acknowledged that while Trump’s actions raised concerns, it must defer to the president’s national security judgment under a “highly deferential” legal standard.Trump celebrated the decision on Truth Social, calling it a “BIG WIN” and declaring that the federal government will act when state and local authorities cannot.Governor Newsom may now appeal to the U.S. Supreme Court for an emergency review. Meanwhile, further hearings on the case are scheduled in federal court in San Francisco.
