A federal appeals court is allowing President Donald Trump to retain control of National Guard troops he deployed to Los Angeles following protests over immigration raids.
The decision halts a ruling from a lower court judge who found President Trump acted illegally by activating the soldiers. The deployment was the first by a president of a state National Guard without the governor’s permission since 1965. President Trump argued the troops were necessary to restore order, but Gov. Gavin Newsom said the move inflamed tensions and usurped local authority.
The Ninth Circuit of Appeals said that President Trump “lawfully exercised his statutory authority” under a law that authorizes the federalization of the National Guard.
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President Trump has called up 2,100 National Guard members and 700 Marines.
Military members are unable to conduct law enforcement missions but can be used to provide support for officers. The court also concluded that President Trump’s use of the National Guard does not violate the Posse Comitatus Act as members have been used to protect federal property and personnel.
Twenty-one Democratic attorneys general signed an amicus brief supporting California’s efforts to stop President Trump from sending members of the National Guard to confront protesters. They claim state governors must agree to the deployment of the National Guard.
Earlier this week, Los Angeles Mayor Karen Bass lifted a curfew for a small section of downtown Los Angeles as demonstrations have eased.
“The curfew, coupled with ongoing crime prevention efforts, have been largely successful in protecting stores, restaurants, businesses and residential communities from bad actors who do not care about the immigrant community,” Bass said.
