California National Guard members stand guard at an entrance to the Wilshire Federal Building on June 13, 2025 in Los Angeles, California.  (Photo by Mario Tama/Getty Images)

Vice President J.D. Vance took a victory lap to Los Angeles Friday, following a federal appeals court’s ruling that the administration could retain control of the California National Guard troops responding to protests earlier this month over immigration raids in the city.

“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard!” President Donald Trump wrote on social media following the decision.

Vance was scheduled to visit an FBI building being used by U.S. Immigration and Customs Enforcement, meet with law enforcement leadership and U.S. Marines and deliver remarks, according to a White House release Friday morning.

The trip was announced about 12 hours after the administration’s win at the 9th Circuit Court of Appeals, which held that Trump could keep control of the 4,000 National Guard troops he’d ordered to Los Angeles.

Three judges on the appeals court issued a unanimous opinion Thursday evening that courts had to afford the president wide discretion to decide when a state National Guard can be federalized, leaving command in Trump’s hands while California Gov. Gavin Newsom’s lawsuit challenging the deployment is ongoing. The case has been closely watched by leaders of states around the country.

The order overturns a lower court’s ruling that Trump return control of the troops to Newsom, a Democrat who opposed sending the National Guard to Los Angeles. Newsom has said the Guard troops’ presence has only inflamed tensions between anti-ICE protesters and law enforcement.

The president has the authority to deploy troops to a state with or without the governor’s consent, the panel of appeals judges said Thursday.

The state’s “concerns have more bearing on the question of whether the President should have federalized the California National Guard, not whether he had the authority to do so,” the panel, made up of two judges appointed by Trump and one by former Democratic President Joe Biden, wrote.

They opted to revoke the district court’s temporary restraining order, reasoning that the federal government stood a good chance of ultimately prevailing on the case.

Quelling rebellion, enforcing laws

Attorneys for the state had argued in federal court that Trump’s order was invalid because he did not show the conditions that the statute Trump cited, Section 12406 of U.S. Code Title X, required for federalization of a National Guard had been met and because the order was sent to the California National Guard adjutant general, not to Newsom himself.

The 9th Circuit panel rejected both arguments.

Based on the language of the statute alone, the judges might have required greater support for the federal government’s position, which may have helped California’s case, the order said.

But under U.S. Supreme Court precedent, the president only must meet a low standard to show that deployment is warranted to enforce laws or quell a rebellion, the judges wrote in language that resembled what Judge Jennifer Sung, the Biden appointee, said during oral arguments Tuesday.

“We are not writing on a blank slate,” they wrote. “The history of Congress’s statutory delegations of its calling forth power, and a line of cases …  interpreting those delegations, strongly suggest that our review of the President’s determinations in this context is especially deferential.”

The federal government’s evidence that protesters had thrown rocks and other objects at ICE officers, vandalized federal property and attacked vans used by ICE was enough to satisfy that standard, the judges wrote.

Trump quickly took to social media. “The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done,” Trump wrote.

In amicus briefs in the case, Democratic state leaders have said they see Trump’s use of the National Guard as a threat to their ability to use their Guards for state-level functions, including drug interdiction and natural disaster relief.

Some reviewability

The opinion did, however, reject the U.S. Justice Department’s argument that a president’s federalization order could never be questioned in court.

In a statement, Newsom praised that aspect of the ruling and pledged to “press forward” with the case.

“The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” Newsom said. “The President is not a king and is not above the law.”

U.S. District Judge Charles Breyer canceled oral arguments at a previously scheduled Friday morning hearing in the trial court, after the 9th Circuit order.

Breyer anticipated that the state may pursue a challenge based on a potential violation of the Posse Comitatus Act, which prohibits the military from engaging in domestic law enforcement, and asked each side to file a brief by noon Pacific time on June 23 arguing whether the trial court or appeals court should first hear that issue.

U.S. Sen. Alex Padilla, a California Democrat, speaks on the Senate floor on June 17, 2025, about how he was forcibly removed from a press conference with the secretary of Homeland Security. (Screenshot from Senate webcast)

WASHINGTON — U.S. Sen. Alex Padilla, a California Democrat who was forcibly removed from a press conference with the secretary of Homeland Security, said Tuesday that his home state is the testing ground for President Donald Trump’s push to deploy the military within the United States.

Trump is using immigrants in the country without legal status as scapegoats to send in troops, said Padilla, who in a speech on the Senate floor choked up as he related how he was wrestled to the ground by law enforcement officials. “I refuse to let immigrants be political pawns on his path toward fascism,” Padilla said.

It’s the first floor speech the senior senator from California has given since the highly publicized incident in Los Angeles last week. The Secret Service handcuffed Padilla after he tried to question Homeland Security Secretary Kristi Noem, who was defending to reporters Trump’s decision to send 4,000 National Guard members and 700 Marines to LA.

Trump sent in the troops following multi-day protests over Immigration and Customs Enforcement raids and against California Gov. Gavin Newsom’s wishes. An appeals court Tuesday is hearing arguments on a suit by California contending that the president unlawfully took control of the state National Guard.

“He wants the spectacle,” Padilla said of the president. “To justify his undemocratic crackdown and his authoritarian power grab.”

The LA protests were sparked after ICE targeted Home Depots, places where undocumented day laborers typically search for work, for immigration raids.

Arrests, confrontations

The Padilla incident, widely captured on video, was a stark escalation of the tensions between Democratic lawmakers and the administration over Trump’s drive to enact mass deportations.

A Democratic House member from New Jersey is facing federal charges on allegations that she shoved immigration officials while protesting the opening of an immigrant detention center in Newark. And on Tuesday, in New York City, ICE officers arrested city comptroller and mayoral candidate Brad Lander while he was escorting an immigrant to their hearing in immigration court, according to The Associated Press.

In a statement to States Newsroom, DHS Assistant Secretary of Public Affairs Tricia McLaughlin said Lander “was arrested for assaulting law enforcement and impeding a federal officer.”

“No one is above the law, and if you lay a hand on a law enforcement officer, you will face consequences,” McLaughlin said.

The president late Sunday directed ICE to conduct immigration raids in New York, LA and Chicago, the nation’s three most populous cities, all led by elected Democrats in heavily Democratic states.

“We will follow the President’s direction and continue to work to get the worst of the worst criminal illegal aliens off of America’s streets,” McLaughlin said.

‘They opened the door for me’

Padilla in his Senate remarks gave an account of the events that led to him being handcuffed and detained last week.

On June 12, he had a meeting scheduled with General Gregory M. Guillot, commander of the U.S. Northern Command, to discuss the military presence in LA.

Padilla, the top Democrat on a Judiciary panel that oversees DHS and immigration policy, said his meeting with the general was delayed because of a press briefing across the hall with Noem. 

Padilla said he has tried to speak with DHS because for weeks LA has “seen a disturbing pattern of increasingly extreme and cruel immigration enforcement operations targeting non-violent people at places of worship, at schools, in courthouses.”

So Padilla said he asked to attend the press conference, and a National Guard member and an FBI agent escorted him inside.

“They opened the door for me,” he said.

As he listened, he said a comment from Noem compelled him to ask a question.

“We are not going away,” Noem, the former governor of South Dakota, told the press. “We are staying here to liberate the city from the socialists and the burdensome leadership that this governor and that this mayor have placed on this country and what they have tried to insert into the city.”

Padilla said her remarks struck him as “an un-American mission statement.”

“That cannot be the mission of federal law enforcement and the United States military,” he said. “Are we truly prepared to live in a country where the president can deploy the armed forces to decide which duly elected governors and mayors should be allowed to lead their constituents?”   

Padilla said before he could finish his question, he was physically removed and the National Guard member and FBI agent who escorted him in the room “stood by silently, knowing full well who I was.”

As he recounted being handcuffed, Padilla paused, getting emotional.

“I was forced to the ground, first on my knees, and then flat on my chest,” he said.

Padilla said a flurry of questions went through his head as he was marched down a hallway, and as he kept asking why he was being detained: Where are they taking me? What will a city, already on the edge from being militarized, think when they see their U.S. senator being handcuffed just for trying to ask a question? What will my wife think? What will our boys think?

“I also remember asking myself, if this aggressive escalation is the result of someone speaking up about the abuse and overreach of the Trump administration, was it really worth it?” Padilla asked. “If a United States senator becomes too afraid to speak up, how can we expect any other American to do the same?”

Padilla-Noem meeting

In a statement, DHS, said that the Secret Service did not know Padilla was a U.S. senator, although video of the incident shows that Padilla stated that he was a member of the Senate.

“I’m Sen. Alex Padilla and I have questions for the secretary,” he said as four federal law enforcement officers grabbed him and shoved him to the ground.

Noem met with Padilla after he was handcuffed, his office told States Newsroom.

“He raised concerns with the deployment of military forces and the needless escalation over the last week, among other issues,” according to his office. “And he voiced his frustration with the continued lack of response from this administration. It was a civil, brief meeting, but the Secretary did not provide any meaningful answers. The Senator was simply trying to do his job and seek answers for the people he represents in California.”

U.S. House Speaker Mike Johnson has suggested that the Senate take action against Padilla, such as a censure. Johnson criticized the senator’s actions and accused him of charging at Noem, which Padilla is not seen doing in the multiple videos of the incident.

“I’m not in that chamber, but I do think that it merits immediate attention by other colleagues over there,” the Louisiana Republican said. “I think that behavior, at a minimum, rises to the level of censure. I think there needs to be a message sent by the body as a whole.”

Senate Democrats have coalesced their support around Padilla. During a Tuesday press conference, Senate Minority Leader Chuck Schumer praised Padilla for his speech on the Senate floor.

“It was basically a strong plea for America to regain the gyroscope of democracy, which has led us forward for so many years and now we’re losing it,” the New York Democrat said. “It’s a wake-up call to all Americans.”

Jennifer Shutt contributed to this report.