A federal appeals court has temporarily halted a lower court ruling that required President Donald Trump to return control of National Guard troops to California.
The 9th U.S. Circuit Court of Appeals issued the stay on Thursday, just hours before the district judge’s order was set to take effect at noon Friday.
The court announced it would hold a hearing on the case on Tuesday.
This came after U.S. District Judge Charles Breyer ruled that Trump’s deployment of the Guard was unconstitutional and violated the Tenth Amendment, which governs the balance of power between states and the federal government.
Judge Breyer said Trump exceeded his statutory authority under Title 10 by ordering the National Guard into Los Angeles in response to protests triggered by federal immigration raids.
His ruling did not apply to the U.S. Marines, who had not yet been deployed on the streets at the time.
Maj. Gen. Scott Sherman, overseeing operations in Los Angeles, said 200 Marines would begin protecting federal property and personnel downtown starting Friday.
Around 4,700 total troops have been deployed in the city, including some 2,000 National Guard members.
California Gov. Gavin Newsom (D) had requested the emergency halt, arguing that federal troops