The ruling by US District Judge Charles Breyer ordering Donald Trump to return control of the reserve force to California’s governor Gavin Newsom infringes on the president’s authority as commander-in-chief, the Department of Justice said in an emergency appeal on Thursday.
The administration has asked the court to rule on its appeal within hours.
Newsom, however, was quick to celebrate the victory – a much-needed win in just one of several fronts that wealthy, Democratic California is currently fighting against the White House.
“Donald Trump will be relieved of his command at noon tomorrow,” Newsom said in televised comments after Breyer’s ruling was issued.
“He is not a monarch, he is not a king, and he should stop acting like one,” the 57-year-old Democrat said.
Protests over the immigration crackdown first began in Los Angeles on Friday, and were largely confined to just a few blocks of the sprawling city.
Damages include vandalism, looting, clashes with law enforcement and several torched driverless taxis.
Trump, who has repeatedly exaggerated the scale of the unrest, deployed 4,000 National Guard troops and 700 US Marines to Los Angeles despite the objections of local officials, claiming that the city was “burning” and they had lost control.
It was the first time since 1965 that a US president deployed the National Guard over the wishes of a state’s governor.
Critics have accused Trump of a power grab. (AFP)