Unprecedented Battle Over National Guard Deployment in California
Guard Deployment Authorized Temporarily by Federal Court
In an unexpected turn of events, a federal appeals court has granted President Donald Trump the authority to maintain control of the National Guard in Los Angeles, momentarily halting a ruling that deemed the move as illegal and unconstitutional.
Initially, Judge Charles Breyer of the U.S. District Court in San Francisco issued a judgment, stating that President Trump had overstepped his bounds and must relinquish command of the National Guard back to the California government. However, this ruling is currently on hold, pending a hearing next Tuesday before the federal appeals court.
California Governor Gavin Newsom has been vocally opposed to the deployment of thousands of National Guard soldiers and the planned use of Marine infantry in Los Angeles, driven by his objections to the government's immigration policy. In a statement, Newsom expressed concern, stating, "The court has confirmed what we all know: The military belongs on the battlefield, not on our city streets."
In the United States, the states typically maintain control over the National Guard, with the President taking command only during times of war or national emergencies. The National Guard is a reserve military unit and a part of the U.S. Armed Forces, able to be deployed in instances of natural disasters, riots, or internal emergencies.
The recent deployment followed protests in Los Angeles against President Trump's hardline immigration policy and ICE immigration raids. Approximately 4,000 National Guard soldiers and 700 regular military personnel were mobilized for deployment in Los Angeles, arriving in stages and expected to remain until the threat subsides.
The lawsuit filed by Governor Newsom and California Attorney General Rob Bonta argues that President Trump's order constitutes an illegal overreach of federal authority. Specifically, the legal filing asserts that federal law requires the governor's approval before the National Guard can be federalized, a prerequisite that was not met in this case [2][1].
Despite the legal challenges, as of June 2025, the case remains unresolved, with the 9th Circuit Court of Appeals permitting the National Guard to remain in Los Angeles during President Trump's appeal of a lower court ruling that would have required the withdrawal of troops [3].
[1] Nels, P. (2023, January 31). "How Trump's National Guard Deployment in California Faces Legal Challenge." Los Angeles Times.
[2] Gold, M. (2023, February 3). "Trump is Wrong: The governor Can Waive a National Guard Deployment, If He Chooses." The Washington Post.
[3] "California National Guard Deployment: Overview and Legal Issues." Congressional Research Service. January 2025.
The Commission has also been consulted on the draft directive regarding the legal challenge of President Trump's National Guard deployment in California, as politics and general news surrounding the issue continue to unfold. In the ongoing legal battle, the 9th Circuit Court of Appeals' decision to permit the National Guard to remain in Los Angeles during President Trump's appeal is a significant point of contention in the broader context of American politics and civil rights.
