SACRAMENTO, California — A three-judge panel from the US Court of Appeals for the Ninth Circuit on Thursday, June 19, 2025, ruled that President Donald Trump can retain control of thousands of California National Guard troops deployed to Los Angeles.
The unanimous 38-page decision said Trump is “substantially likely” to win his appeal, citing federal law that allows the president to federalize a state’s Guard when regular forces “cannot execute the laws of the United States.” The panel — two of whom are Trump appointees — emphasized that courts must give “considerable deference” to the commander-in-chief’s judgment.
The ruling reversed District Judge Charles Breyer’s temporary order returning command to California Gov. Gavin Newsom. Breyer had ruled that Trump’s action did not meet legal triggers such as insurrection or obstruction of federal law.
With the order lifted, the California National Guard can continue assisting US Immigration and Customs Enforcement (ICE) in securing federal buildings and conducting immigration raids. State officials objected, arguing the deployment diverts resources from wildfire, disaster relief and drug interdiction efforts.
The court relied heavily on Martin v. Mott, an 1827 Supreme Court (SC) precedent granting broad presidential authority to mobilize the militia. Legal experts say the ruling creates a high bar for states to reclaim control of federalized Guard units.
California sued the Trump administration on June 9, accusing it of unlawfully using the Guard to suppress immigration protests. State lawyers pointed out that local police had already contained the unrest and warned that a military presence risked escalating tensions. Los Angeles Mayor Karen Bass estimated no more than 120 protesters were on the streets at the peak of demonstrations.
The Ninth Circuit acknowledged those concerns but concluded they did not outweigh the federal government’s interest in protecting its personnel and facilities. The court cited reports that protesters hurled concrete, fireworks and a Molotov cocktail at immigration agents, injuring one officer and damaging federal buildings.
Newsom’s office said it is considering all options, including requesting a rehearing by the full appellate court or an emergency appeal to the SC.
Judge Breyer has scheduled a separate hearing Friday to consider limiting the Guard’s role to security-only duties and barring them from arrests. That argument centers on the Posse Comitatus Act, which restricts military involvement in civilian law enforcement.
The decision deepens tensions between the Trump administration and Democratic-led California over immigration enforcement and presidential authority. Experts note that, although temporary, the ruling keeps troops on the streets through the summer as appeals proceed.
Economists warn that prolonged federal-state friction could delay billions in disaster relief and infrastructure funding. Civil rights groups are also preparing new lawsuits, arguing the deployment suppresses free speech and sets a troubling precedent.
Los Angeles Mayor Bass lifted the downtown curfew Tuesday after a week of protests. / XINHUA