A Federal Appeals Court has governed President Donald Trump “probably acted within his authority” by federalizing the California National Guard in protests for immigration raids earlier this month, indefinitely blocking an order of the lower court that would have returned control of the guard to the governor.
The three judges panel did not agree with the Trump administration that the president’s decision was completely revisable by the courts, but concluded that the president probably acted legally invoking a section of the United States Code on armed services authorizing the federalization of the National Guard when “the President cannot with the regular forces to execute the laws of the United States.”

The soldiers of Marines and the National Guard of California protect an entrance to the Federal Building of Wilshire, while standing next to a tactical vehicle of Marines, on June 13, 2025, in Los Angeles.
Mario Tama/Getty Images
The judges said Trump had a basis to federalize the guard, citing acts of violence during protests.
“The indisputable facts show that before the deployment of the National Guard, the protesters” caught several federal officers and threw “pieces of concrete, bottles of liquid and other objects” in the officers, “the judges wrote in the order.” The protesters also damaged the federal buildings and caused the closure of at least one federal building … The interest of the federal government in preventing incidents as these is significant. “
The judges said that the law invoked by Trump does not require the president to obtain the consent of a governor and concluded that “Newsom of the Governor (Gavin) had no power to veto or counteract the president’s order.”
The order of the Court of Appeals puts an order of a judge of a lower court, the district judge of the United States, Charles Breyer, who described Trump’s action by calling the “illegal” guard and ordered the control of the guard delivered to Newsom. The Trump administration immediately appealed that the ruling and will continue to retain the control of the guard as the case goes through the courts.