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SAN FRANCISCO (AP) — A federal court hearing is scheduled for Thursday on whether the Trump administration can use the National Guard and Marines to assist with immigration raids in Los Angeles.

California Gov. Newsom has depicted the federal military intervention in the nation’s second largest city as the onset of a much broader effort by Trump to overturn political and cultural norms at the heart of the nation’s democracy. Los Angeles Mayor Karen Bass has echoed that, saying the deployment of troops was unnecessary and meant to undermine local jurisdictions and intimidate the city’s large immigrant population.

Newsom filed an emergency motion requesting the court’s intervention after President Donald Trump ordered the deployment of roughly 4,000 National Guard members and 700 Marines to Los Angeles following protests over his stepped-up enforcement of immigration laws.

The Trump administration called the lawsuit a “crass political stunt endangering American lives” in its official response on Wednesday.

The Democratic governor argued the troops were originally deployed to protect federal buildings and said sending troops to help support immigration raids would only promote civil unrest.

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The protests over immigration raids in Los Angeles intensified after Trump called up the National Guard and have since spread to other cities, including Boston, Chicago and Seattle.

Federal immigration agents have been arresting people at Home Depot parking lots and other businesses, sparking fear in immigrant communities, after the Trump administration said it wanted to dramatically increase arrests under its immigration crackdown.

Trump has described Los Angeles in dire terms that Bass and Newsom say are nowhere close to the truth.

Most demonstrations have been peaceful but this weekend some turned raucous with protesters setting cars on fire in downtown Los Angeles. The city has imposed a nightly curfew covering a 1-square-mile (2.5-square-kilometer) section where protests have occurred in the sprawling metropolis of 4 million people.

The Marines have not yet been spotted in Los Angeles and Guard troops have had limited engagement with protesters.

Newsom filed the motion Tuesday, the same day the military announced some members of the National Guard were now standing in protection around federal agents. The change moves troops closer to engaging in law enforcement actions like deportations as Trump has promised as part of his administration’s immigration crackdown. The Guard has the authority to temporarily detain people who attack officers but any arrests ultimately would be made by law enforcement.

Senior U.S. District Judge Charles R. Breyer chose not to rule immediately but set the hearing for Thursday in federal court in San Francisco.

Dozens of mayors from across the Los Angeles region banded together Wednesday to demand the raids stop and the troops leave.

The Trump administration's deployment of California's National Guard to Los Angeles over Immigration and Customs Enforcement (ICE) raids can continue for now, an appeals court ruled late Thursday.

The latest: The 9th U.S. Circuit Court of Appeals paused U.S. District Judge Charles Breyer's ruling that had granted California Gov. Gavin Newsom's request to block the administration's action while the three-judge panel considers the case.

The big picture: The administration has activated some 4,000 National Guard members and mobilized hundreds of Marines in response to LA protests sparked by immigration enforcement actions including ICE raids.

Driving the news: Breyer said in a Thursday evening order in response to Newsom's request for emergency relief that the president did not follow congressionally mandated procedures by federalizing the California National Guard.

Catch up quick: On June 10, Newsom requested a temporary restraining order to "prevent the use of federalized National Guard and active duty Marines for law enforcement purposes on the streets of a civilian city."

What they're saying: "The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets," Newsom said on Thursday evening after Breyer's ruling on X.

The other side: "The court's order is unprecedented and puts our brave federal officials in danger," White House spokesperson Anna Kelly said in an emailed statement on Thursday night in response to Breyer's ruling.

More from Axios:

Editor's note: This article has been updated with new details throughout.

Rebecca Falconer contributed reporting.

SAN FRANCISCO (AP) — The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge’s order that directed President Donald Trump to return control of National Guard troops to California after he deployed them there following protests in Los Angeles over immigration raids.

The court said it would hold a hearing on the matter on June 17. The ruling came only hours after a federal judge’s order was to take effect at noon Friday.

Earlier Thursday, U.S. District Judge Charles Breyer ruled the Guard deployment was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority. The order applied only to the National Guard troops and not Marines who were also deployed to the LA protests. The judge said he would not rule on the Marines because they were not out on the streets yet.

California Gov. Gavin Newsom, who had asked the judge for an emergency stop to troops helping carry out immigration raids, had praised the earlier ruling.

“Today was really about a test of democracy, and today we passed the test,” Newsom said in a news conference before the appeals court decision. The deployment of the Guard was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority.

The White House had called Breyer’s order “unprecedented” and said it “puts our brave federal officials in danger.”

“The district court has no authority to usurp the President’s authority as Commander in Chief,” White House spokesperson Anna Kelly said in a statement. “The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles. The Trump Administration will immediately appeal this abuse of power and looks forward to ultimate victory on the issue.”

Newsom’s case was solely focused on the National Guard, and the judge said when the state attorney asked about whether this could apply to the Marines that he would not rule on that because they were not on the streets yet.

Marines in civil disturbance training at nearby base

About 700 Marines have been undergoing civil disturbance training at Naval Weapons Station Seal Beach in Orange County, California. Nicholas Green, an attorney for the state, told the court: “I have been told by the office of the governor that within the next 24 hours, 140 Marines will replace and relieve National Guard members in Los Angeles.”

Typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops. Trump federalized members of the California National Guard under an authority known as Title 10.

Title 10 allows the president to call the National Guard into federal service under certain limited circumstances, such as when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is unable “to execute the laws of the United States.”

Breyer said in his ruling that what is happening in Los Angeles does not meet the definition of a rebellion.

“The protests in Los Angeles fall far short of ‘rebellion,’” he wrote.

It was not immediately clear how that would change the situation on the ground.

California sued the federal government

Newsom sued to block the Guard’s deployment against his wishes. California later filed an emergency motion asking the judge to block the Guard from assisting with immigration raids.

The governor argued that the troops were originally deployed to protect federal buildings and wanted the court to block the troops from helping protect immigration agents during the raids, saying that involving the Guard would only escalate tensions and promote civil unrest.

Maj. Gen. Scott Sherman, commander of Task Force 51, which is overseeing the Guard troops and Marines sent to Los Angeles, said that as of Wednesday about 500 of the Guard troops had been trained to accompany agents on immigration operations. Photos of Guard soldiers providing security for the agents have already been circulated by immigration officials.

None of the Marines have been trained to go on immigration raids, and it is not yet clear if they eventually will, Sherman said.

Trump improperly called up the Guard, judge says

In his broad ruling, the judge determined Trump had not properly called the Guard up in the first place.

The lawsuit argued that Title 10 also requires that the president go through governors when issuing orders to the National Guard.

Brett Shumate, an attorney for the federal government, said Trump complied with the statute by informing the general in charge of the troops of his decision and would have the authority to call in the Guard even if he had not.

In a brief filed ahead of the Thursday hearing, the Justice Department said Trump’s orders were not subject to judicial review.

“Courts did not interfere when President Eisenhower deployed the military to protect school desegregation. Courts did not interfere when President Nixon deployed the military to deliver the mail in the midst of a postal strike. And courts should not interfere here either,” the department said.

“Our position is this is not subject to judicial review,” Shumate told the judge.

Breyer, who at one point waved a copy of the constitution, said he disagreed.

“We’re talking about the president exercising his authority, and the president is of course limited in that authority. That’s the difference between a constitutional government and King George,” he said.

Protests intensified

The protests over immigration raids in Los Angeles intensified after Trump called up the Guard and have since spread to other cities, including Boston, Chicago and Seattle.

Trump has described Los Angeles in dire terms that Bass and Newsom say are nowhere close to the truth.

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SAN FRANCISCO — President Donald Trump must return to California Gov. Gavin Newsom control over National Guard troops the president deployed to Los Angeles to assist in immigration enforcement and controlling unrest, a federal judge said in a temporary restraining order Thursday.

The order, which takes effect at noon Friday, said the deployment of the Guard was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority.

The White House had no immediate comment on the ruling, but the federal government immediately filed an appeal with the Ninth Circuit court.

U.S. District Judge Charles Breyer said Trump overstepped his bounds in ordering the deployment of roughly 4,000 National Guard members to Los Angeles after protests erupted over the immigration crackdown.

It was not immediately clear how that would change the situation on the ground.

WATCH: ‘We stand up for our neighbors,’ San Antonio mayor says of protests against ICE raids

California Gov. Gavin Newsom sued to block the Guard’s deployment against his wishes. California later filed an emergency motion asking the judge to block the Guard from assisting with immigration raids.

He argued that the troops were originally deployed to protect federal buildings and wanted the court to block the troops from helping protect immigration agents during the raids, saying that involving the Guard would only escalate tensions and promote civil unrest.

The Trump administration called the lawsuit a “crass political stunt endangering American lives” in its official response Wednesday.

In a broad ruling, the judge determined Trump had not properly called the Guard up in the first place.

Maj. Gen. Scott Sherman, speaking in an interview with The Associated Press and one other media outlet, said that as of Wednesday about 500 of the Guard troops have been trained to accompany agents on immigration operations. Photos of Guard soldiers providing security for the agents have already been circulated by immigration officials.

Sherman is commander of Task Force 51, which is overseeing the Guard troops and Marines sent to Los Angeles. The ruling does not apply to the Marines.

Typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops. Trump federalized members of the California National Guard under an authority known as Title 10.

Title 10 allows the president to call the National Guard into federal service under certain limited circumstances, such as when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is unable “to execute the laws of the United States.”

Breyer said in his ruling that what is happening in Los Angeles does not meet the definition of a rebellion.

“The protests in Los Angeles fall far short of ‘rebellion,’” he wrote.

The lawsuit argued that Title 10 also requires that the president go through governors when issuing orders to the National Guard.

Brett Shumate, an attorney for the federal government, said Trump complied with the statute by informing the general in charge of the troops of his decision and would have the authority to call in the Guard even if he had not.

In a brief filed ahead of the Thursday hearing, the Justice Department said Trump’s orders were not subject to judicial review.

“Courts did not interfere when President Eisenhower deployed the military to protect school desegregation. Courts did not interfere when President Nixon deployed the military to deliver the mail in the midst of a postal strike. And courts should not interfere here either,” the department said. “Our position is this is not subject to judicial review,” Shumate told the judge.

Breyer, who at one point waved a copy of the constitution, said he disagreed.

“We’re talking about the president exercising his authority, and the president is of course limited in that authority. That’s the difference between a constitutional government and King George,” he said.

The protests over immigration raids in Los Angeles intensified after Trump called up the Guard and have since spread to other cities, including Boston, Chicago and Seattle.

Federal immigration agents have been arresting people at Home Depot parking lots and other businesses, sparking fear in immigrant communities, after the Trump administration said it wanted to dramatically increase arrests under its immigration crackdown.

Trump has described Los Angeles in dire terms that Bass and Newsom say are nowhere close to the truth.

The Marines have not yet been spotted in Los Angeles, and Guard troops have had limited engagement with protesters.

Dozens of mayors from across the Los Angeles region banded together Wednesday to demand the raids stop and the troops leave.

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A federal judge issued a sweeping order blocking President Donald Trump’s unprecedented seizure of California’s National Guard, calling the move illegal and a “dangerous precedent.”

U.S. District Judge Charles Breyer, appointed by President Bill Clinton, ruled Thursday that Trump violated federal law and the U.S. Constitution when he seized control of the California National Guard to respond to largely peaceful protests in Los Angeles without the governor’s consent.

“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer ruled. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”

The order, which temporarily blocks the deployment of Guard troops in Los Angeles and directs that control be returned to California Gov. Gavin Newsom (D), marks a stunning rebuke of the Trump administration’s attempt to use military power in domestic law enforcement without state approval.

Breyer found that Trump failed to follow the required process under Title 10 U.S.C. § 12406, which mandates that activation orders be issued “through the governors.” Instead, Breyer wrote, Trump and Defense Secretary Pete Hegseth “circumvented the Governor (and thus, the procedure mandated by statute) from the outset.”

The judge dismissed the administration’s claim that it had the unilateral authority to deploy troops against the will of a state.

“That alone threatens serious injury to the constitutional balance of power between the federal and state governments,” Breyer warned. “It sets a dangerous precedent for future domestic military activity.”

The order notes that continuing to deploy federal troops in Los Angeles “would further entrench this harm”

“Plaintiffs and the citizens of Los Angeles face a greater harm from the continued unlawful militarization of their city,” Breyer concluded. “It not only inflames tensions with protesters, threatening increased hostilities and loss of life, but deprives the state for two months of its own use of thousands of National Guard members.”

The order is effective immediately but is stayed until noon on Friday to allow the federal government to respond.

“The court just confirmed what we all know: The military belongs on the battlefield, not on our city streets. End the unnecessary militarization of Los Angeles now, Donald Trump,” Newsom posted online immediately following the ruling. “Refusing to do so will only confirm your authoritarian tendencies.”

Breyer also ordered the federal government to show cause why a preliminary injunction should not be issued at a follow-up hearing scheduled later this month.