A federal judge ruled June 12 that the Trump administration illegally seized control of California’s National Guard and ordered troops returned to Gov. Gavin Newsom’s command. In a 36-page decision, U.S. District Judge Charles Breyer wrote that the administration had bypassed legal procedures required under federal law, violating both statutory limits and the Tenth Amendment.
Breyer’s temporary restraining order blocked up to 4,000 troops from operating under federal orders, stating the deployment had inflamed tensions during protests over immigration raids in Los Angeles. The state requested limited restrictions, but the judge went further, fully severing federal authority over the California National Guard.
Breyer ruled that Trump’s description of the protests as a “rebellion” lacked support and raised serious First Amendment concerns.
What did the appeals court decide next?
Roughly two hours after Breyer’s order, the 9th U.S. Circuit Court of Appeals issued a temporary stay, allowing the Trump administration to maintain control of the Guard while the court reviews the case. The panel, consisting of two Trump appointees and one Biden appointee, will hold a hearing on Tuesday to consider the merits of the appeal.
The stay gives the court time to decide whether to block the lower court’s ruling during the appeal. If the government loses, it may request emergency relief from the Supreme Court. While temporary restraining orders typically cannot be appealed, courts sometimes treat them as preliminary injunctions when constitutional issues are at stake.
Are other troops involved in Los Angeles?
Yes. Defense Secretary Pete Hegseth authorized the deployment of 700 active-duty Marines to support federal immigration agents. The Marines planned to arrive on Friday, June 13.
Judge Breyer refused to restrict their movements, saying no evidence showed they had violated the Posse Comitatus Act, which bars military involvement in domestic law enforcement without proper legal authority.
How have local officials and the public responded?
Newsom responded by reaffirming his confidence in the lower court ruling, calling it a “test of democracy.” The governor had planned to redeploy the Guard to duties such as wildfire prevention and border security. Los Angeles Mayor Karen Bass criticized the federal raids and called for Immigration and Customs Enforcement officers to leave the city.
A Reuters/Ipsos poll showed Americans split over Trump’s use of the military: 48% supported it when protests became violent, while 41% opposed it.
