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California Gov. Gavin Newsom last week asked the court to put an emergency halt on the military supporting federal immigration agents in Los Angeles. California has called for a limit to the scope of national security and Marines’ duties that have been activated by the federal government. Staying in Los Angeles, he is now heading to the judges panel at the Federal Court of Appeals in San Francisco. The National Guard is typically revitalized by the governor at the request of local governments.
President Trump has revitalized more than 4,000 National Guard members and 700 Marines over objections from city and state leaders. Like the LAPD, local law enforcement responded to protests and violence concentrated in its downtown Los Angeles pockets.
A panel of three judges will hear debate Tuesday about whether the Trump administration should return the National Guard command to California after thousands of people are revitalized in Los Angeles.
Federal Court of Appeals judges will be convened in what became the battle for expansion laws between California and the White House in San Francisco. The security forces arrived early June 8th and were placed outside federal property, like the federal detention center in downtown Los Angeles.
The federal building complex and surrounding areas were flashpoints in protests over the ice attack.
The hearing suspended a lower court order that directed President Trump to return control of the National Guard to Gavin Newsom after the Ninth U.S. Circuit Court of Appeals granted the Trump administration’s request last week, and filed a lawsuit over the deployment. National Guard forces are usually activated by the governor at the request of local officials.
The judges will hear oral discussions via video starting at noon Tuesday. The protest is expected outside San Francisco Downtown Courthouse.
It was not immediately clear how long the hearing would last or when the decision would be announced.
The military, operating in Los Angeles, will continue to stay in the city after the federal Court of Appeal suspends previous orders from a judge who gave control over California. Karma Dickerson reported NBC4 News on June 12, 2025.
Later last week, US District Judge Charles Breyer in San Francisco determined that the deployment of security guards was illegal and exceeded Trump’s legal authority. It only applied to the National Guard troops, not to the Marines deployed in the federal buildings LA.
The Trump administration argued that deployment was necessary to restore and protect federal buildings and executives.
In his lawsuit, Gavin Newsom accused the president of intensifying tensions, violating national sovereignty and wasting resources. The governor called the federal government’s decision to command the state’s National Guard “illegal and immoral.”
Newsom filed a lawsuit the day after an unrest day as demonstrators protested the federal immigrant attack. Most of the nearly 4 million people’s demonstrations, including about 500 square miles, focused on parts of downtown Los Angeles, after a clash between protesters and federal agents in Paramount’s South Los Angeles County community on June 7th.
After reports of looting and vandalism on June 9, Los Angeles declared a limited curfew for a square mile in the downtown area. Arrests declined every night, and no arrests were reported on Sunday, leading to shortening of curfew this week.
Breyer’s decision alleges that President Trump violated Title 10 use. This allows the President to call the National Guard to federal service when “there is a risk of rebellion or rebellion against the authority of the government” or when the President “cannot enforce US laws,” the state is invaded.”
Breyer, appointed by former President Bill Clinton, said in his ruling that what is happening in Los Angeles does not meet the definition of a rebellion. Most of the arrests over the days of the protest were against illegal gatherings and curfew violations, but arrests have been reported for crime list attacks on officers, vandalism, looting, arson and other crimes.
LAPD reports collisions in which rocks, bottles, commercial grade fireworks and other objects have been thrown at officers. Two men were arrested and charged the final Wee in connection with the attacks that included Molotov cocktails during protests in Los Angeles and Paramount.
Local law enforcement agencies like LAPD have responded to protests and violence in downtown LA pockets near several federal buildings.
“The protests in Los Angeles are far below the “rebellion,” Breyer wrote. “The right of an individual to protest the government is one of the fundamental rights protected by the First Amendment, and just because a stray bad actor goes too far doesn’t wipe out that right for anyone.”
The National Guard has not been activated without the governor’s permission since 1965, when President Lyndon B. Johnson sent troops to protect Alabama’s civil rights march in 1965, according to the Brennan Center for Justice.
The demonstrations were taken up throughout the US, with protests appearing in more than a dozen major cities. The Trump administration said it was willing to send troops to other cities to help enforce immigrants and manage disability, in line with what Trump promised during last year’s campaign.
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