SACRAMENTO — The Trump administration backed off its effort to block a court order returning control of National Guard troops in Los Angeles to California Gov. Gavin Newsom.
In a brief filing with the U.S. Court of Appeals for the 9th Circuit on Tuesday, Justice Department lawyers said they no longer oppose lifting a partial administrative stay and formally withdrew their request to keep the troops under federal control while the appeal proceeds.
The move follows the U.S. Supreme Court’s decision last week in Trump v. Illinois, which cast new doubt on the administration’s legal theory for using the National Guard in domestic law enforcement operations. Tuesday’s filing with the appeals court does not concede the merits of California’s case brought by Newsom, but it removes a major procedural obstacle to enforcing the lower court’s ruling.
In the filing, federal lawyers said they “do not oppose lifting of the partial administrative stay and hereby respectfully withdraw their motion for a stay pending appeal.”
“This admission by Trump and his occult cabinet members means this illegal intimidation tactic will finally come to an end,” Newsom wrote on X, adding that he is looking forward to the 9th Circuit making an official ruling that would return the California National Guard to state service.
The decision could mark a turning point in a contentious legal fight over Trump’s use of state National Guard troops, which the president said was necessary to quell unrest over immigration enforcement. Justice Department lawyers had argued in court that once federalized, Guard troops could remain under the president’s command indefinitely and that courts had no authority to review their deployment.
Court records show roughly 300 California troops remain under federal control, including 100 of whom were still active in Los Angeles as of earlier this month. In mid-December, video reviewed by The Times showed dozens of troops under Trump’s command quietly leaving the Roybal Federal Building downtown in the middle of the night following an appellate court’s order to decamp. That facility had been patrolled by armed soldiers since June.
Earlier this month, U.S. District Judge Charles R. Breyer ruled that the president had illegally seized control of California’s National Guard during protests over immigration enforcement. Breyer ordered that command of the remaining federalized troops be returned to Newsom, rejecting the administration’s argument that once federalized, Guard units could remain under presidential control indefinitely. He warned that such a theory would upend the constitutional balance between state and federal power.
The Los Angeles case is part of a broader, high-stakes legal battle over the president’s authority to deploy armed forces inside U.S. cities. Similar disputes involving Guard deployments in Oregon and Illinois are moving through the courts, with several judges, including conservative appointees, expressing skepticism about claims that such decisions are beyond judicial review.
Members of Congress have also begun scrutinizing the deployments, raising concerns about civil liberties and the growing use of military forces in civilian settings.
