Appellate judges weigh Trump’s use of military for immigration protests

An appellate court in California is set to hear arguments on Tuesday regarding Democratic Gov. Gavin Newsom’s lawsuit against President Donald Trump. The lawsuit accuses Trump of illegally deploying the National Guard to quell anti-immigration enforcement protests and riots in Los Angeles County.

The U.S. Court of Appeals for the Ninth Circuit will decide whether Trump can continue to use thousands of National Guard members and hundreds of Marines to guard parts of the county. The three-judge panel consists of two Trump appointees and one Biden appointee.

Last week, a lower court judge ruled in favor of Newsom, stating that Trump’s deployment of National Guard soldiers was illegal. However, the three judges temporarily paused that decision pending further review.

Department of Justice attorneys argued that Trump and Secretary of Defense Pete Hegseth were using the military in California to protect federal personnel and buildings. They cited a provision of Title 10 that allows presidents to activate National Guard soldiers without a governor’s consent.

Newsom strongly opposed Trump’s federalization of guard members, claiming that it exacerbated the unrest and led to more rioting incidents. Attorneys for California argued that the situation did not meet the criteria required under the Title 10 provision.

Since June 7, Trump has federalized 4,000 National Guard members and enlisted 700 Marines to support Immigration and Customs Enforcement (ICE) officials in carrying out raids and arresting illegal immigrants, including those with criminal records.

An ICE official stated in an affidavit that National Guard members have been essential in providing extra support around the Los Angeles Federal Building, which has been the site of frequent protests and unrest. Prior to the deployment of the National Guard, rioters and protesters had assaulted law enforcement officers and damaged federal property.

The panel of judges will now decide whether to extend the pause on the lower court’s ruling. The outcome of this case will have significant implications for the ongoing tensions between the Trump administration and California over immigration enforcement policies.