Federal Appeals Court Allows Trump to Retain Control Over California National Guard Amid Immigration Unrest

Hadisur Rahman, JadeTimes Staff   

H. Rahman is a Jadetimes news reporter covering the USA

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Image Source: Evan Vucci/AP

In a significant legal development, the 9th U.S. Circuit Court of Appeals has granted former President Donald Trump’s request to retain control over approximately 4,000 members of California’s National Guard. The decision temporarily blocks a lower-court order that had required Trump to relinquish authority over the troops he federalized earlier this month to manage escalating unrest in Los Angeles sparked by controversial federal immigration operations.

The court, in an unsigned ruling issued Thursday, concluded that it is “likely that the President lawfully exercised his statutory authority” under 10 U.S. Code § 12406. The law allows a president to federalize a state’s National Guard when they are “unable with the regular forces to execute the laws of the United States.”

The three-judge panel, which included two Trump appointees and one appointed by President Joe Biden, emphasized that the president’s decision is entitled to “highly deferential” judicial review. The court cited evidence that some protests had targeted federal buildings and personnel, thereby impeding federal law enforcement operations. These facts, the court said, provided a “colorable basis” for the President’s invocation of emergency powers.

This decision is a setback for California Governor Gavin Newsom, who had sued the federal government, arguing that Trump’s actions violated key procedural requirements. A week earlier, U.S. District Judge Charles Breyer had ruled in Newsom’s favor, finding that Trump bypassed proper protocol namely, the requirement that such orders be issued “through the governor.”

However, the appeals court disagreed with Breyer’s interpretation. It determined that Trump’s order, delivered by Defense Secretary Pete Hegseth to California’s top military official, met legal standards, since that general is considered an agent of the governor. Thus, the court said, “the procedural requirement was likely met.”

Although the 9th Circuit’s ruling allows Trump to maintain control of the guardsmen for now, the court did not endorse all of the Justice Department’s arguments. Notably, it pushed back against the claim that courts have no authority to review a president’s factual justification for invoking such statutes.

The case stems from a turbulent weekend of protests and civil unrest in Los Angeles earlier this month, following aggressive immigration raids that drew national scrutiny. With local law enforcement overwhelmed, Trump ordered the mobilization of California’s National Guard, which prompted swift legal resistance from the state government.

As tensions on the ground have since eased, further hearings are scheduled to assess the legality and execution of Trump’s military deployment. Judge Breyer is expected to preside over the next phase of the legal battle in a hearing set for Friday afternoon.

Reacting to the court’s decision, Trump took to his social media platform Truth Social, hailing the ruling as a “BIG WIN,” and asserting, “If our cities and our people need protection, we are the ones to give it to them should state and local police be unable to get the job done.”

California officials have not ruled out seeking emergency relief from the U.S. Supreme Court.