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As Marines arrive in Los Angeles, courts battle over executive power to deploy military

A United States appeals court temporarily allowed President Trump to keep National Guard troops in Los Angeles. This ruling paused a lower court鈥檚 decision that declared the deployment unlawful and gave control back to California鈥檚 governor.

By Brad Brooks and Luc Cohen , Reuters
Los Angeles

A United States appeals court on June 13 allowed President Donald Trump to maintain his deployment of National Guard troops in Los Angeles amid protests over stepped-up immigration enforcement, temporarily pausing a lower court ruling that blocked the mobilization.

The 9th U.S. Circuit Court of Appeals鈥 decision does not mean that the court will ultimately agree with Mr. Trump, but it does leave command of the Guard with the president for now.

Earlier on Thursday, San Francisco-based U.S. District Judge Charles Breyer found that Mr. Trump鈥檚 deployment of the Guard was unlawful. Mr. Breyer鈥檚 36-page ruling had ordered the National Guard to return to the control of California Governor Gavin Newsom, who had brought the case.

It was a short-lived victory for Mr. Newsom, as Mr. Breyer鈥檚 order was paused about two and a half hours later.

Asked for a comment, Mr. Newsom鈥檚 press office referred to the governor鈥檚 statement after the initial ruling and noted that the appeals court put a temporary pause on the ruling but did not reverse it.

鈥淚鈥檓 confident, on the basis of the review of the 36 pages 鈥 absolutely it will stand,鈥 Mr. Newsom said of the district judge鈥檚 order.

Mr. Trump welcomed the ruling in a social media post on Friday.

The three-judge appeals court panel consisted of two judges appointed by Mr. Trump in his first term and one judge who was appointed by President Joe Biden. The panel said it would hold a hearing on Tuesday to consider the merits of Mr. Breyer鈥檚 order.

The court鈥檚 action, called an administrative stay, gives the appeals judges additional time to consider the Trump administration鈥檚 request to block Mr. Breyer鈥檚 order while litigation in the case continues.

Mr. Trump summoned the National Guard on Saturday in response to protests that had broken out over immigration raids, then on Monday ordered the U.S. Marines to support the Guard.

A battalion of 700 U.S. Marines is expected to arrive on Friday, marking an extraordinary use of military forces to support civilian police operations within the United States.

The troops have stood guard at a federal detention center in downtown Los Angeles where many of the protests have taken place in a show of solidarity for immigrants detained inside. The protests so far have been mostly peaceful, punctuated by incidents of violence, and restricted to a few city blocks.

The Guard had also accompanied Immigration and Customs Enforcement agents on operations to detain immigrants.

In his ruling, Mr. Breyer wrote that the presence of the troops in the city was itself inflaming tensions with protesters 鈥 a contention made by Los Angeles Mayor Karen Bass, among others 鈥 and depriving the state of the ability to use the Guard for other purposes.

Mayor wants ICE out of L.A.

Ms. Bass on Thursday called on ICE officers to stand down from the intensified series of raids that led to the protests, saying the local economy could be harmed as immigrants stayed home from work and school for fear of being snatched off the streets.

鈥淭he peace that we need to have happen needs to begin in Washington, and we need to stop the raids,鈥 Ms. Bass told a press conference as supporters flanking her broke out in a chant of 鈥淪top the raids.鈥

鈥淧eace begins with ICE leaving Los Angeles,鈥 said Ms. Bass, who has imposed a nighttime curfew over one square mile of downtown L.A.

Ms. Bass spoke after Department of Homeland Security Secretary Kristi Noem pledged to 鈥渓iberate鈥 Los Angeles at a press conference that was dramatically interrupted when federal agents dragged Democratic U.S. Senator Alex Padilla out of the room, forced him to the ground, and handcuffed him.

The court battle and press conference scuffle underscored the political polarization generated by Mr. Trump鈥檚 hardline approach to immigration enforcement and expansive use of presidential power.

Mr. Trump is carrying out a campaign promise to deport immigrants, employing forceful tactics consistent with the norm-breaking political style that got him elected twice.

Democrats have said the use of military force was unnecessary and an example of Mr. Trump鈥檚 authoritarianism.

Americans are divided over Mr. Trump鈥檚 decision to activate the military. A Reuters/Ipsos poll showed 48% of respondents agreed with a statement that the president should 鈥渄eploy the military to bring order to the streets鈥 when protests turned violent, while 41% disagreed.

Between the rulings, Mr. Newsom said the National Guard would be redeployed to its previous tasks, including border security, preparing for wildfires, and countering drug smuggling.

But the Trump administration immediately appealed the judge鈥檚 order, calling Mr. Breyer鈥檚 ruling 鈥渁n extraordinary intrusion on the President鈥檚 constitutional authority as Commander in Chief.鈥

Mr. Trump justified the deployment of troops by characterizing the protests in Los Angeles as a 鈥渞ebellion,鈥 but Mr. Breyer said in his temporary restraining order that the protests fell far short of that legal standard.

鈥淭he Court is troubled by the implication inherent in Defendants鈥 argument that protest against the federal government, a core civil liberty protected by the First Amendment, can justify a finding of rebellion,鈥 Mr. Breyer wrote.

Mr. Trump on Friday reiterated his comments that if he had not ordered in the National Guard, the city would be in flames, writing: 鈥淲e saved L.A.鈥

This story was reported by Reuters. Sandra Stojanovic, Omar Younis, Jane Ross, and Arafat Barbakh contributed from Los Angeles; Luc Cohen and Dietrich Knauth contributed from New York, and Idrees Ali contributed from Washington.