Trump can keep control of National Guard in Los Angeles for now, U.S. appeals court rules

A U.S. appeals court on Thursday allowed U.S. 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's ruling that had ordered control of the troops should be returned to the state.

The decision by the 9th U.S. Circuit Court of Appeals does not mean that the court will ultimately agree with Trump, but it means he will maintain command of the guard for now.

Earlier on Thursday, a federal judge ordered the Trump administration to return control of the California National Guard to the state after finding the U.S. president had overstepped his bounds with the "unlawful" decision to send troops to Los Angeles.

In his ruling, Judge Charles Breyer of the Northern District of California said the troops' presence in Los Angeles has already caused "significant harm" and inflamed tension in the city.

"The federal government cannot be permitted to exceed its bounds and in doing so create the very emergency conditions that it then relies on to justify federal intervention," Breyer wrote.

"The citizens of Los Angeles face a greater harm from the continued unlawful militarization of their city."

The order that had been set to take effect at noon on Friday, would be a loss for Trump, who has maintained thousands of National Guard troops to control protests over Immigration and Customs Enforcement (ICE) raids in the country's second-largest city. 

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California Gov. Gavin Newsom applied for a temporary restraining order to regain control of the troops, which are typically deployed either by the state or at the state's request. He had initially celebrated the federal judge's decision on Thursday.

"The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets. This win is not just for California, but the nation," he wrote on X, before the appeals court ruling. 

"It's a check on a man whose authoritarian tendencies are increasing by the day. End the illegal militarization of Los Angeles now."

Protests during the week have been largely peaceful and smaller in size than they were last Saturday. Los Angeles Mayor Karen Bass issued a nighttime curfew order that has been in effect since Tuesday night.

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Eight National Guard officers standing on the steps to the Federal Building on Los Angeles Street on Thursday weren't immediately aware of the ruling.

When CBC News told the troops the judge's decision had been published, the troops didn't react to news they'd likely be ordered out — aside from one guard who shrugged his shoulders.