SAN FRANCISCO (TNND) — An appeals court temporarily blocked a federal judge's order directing President Donald Trump to return control of the National Guard to California after he deployed them to assist in helping Los Angeles with ICE raids.

The 9th U.S. Circuit Court of Appeals said it would hold a hearing on Tuesday.

U.S District Judge Charles Breyer ruled on Thursday that troops were deployed illegally and both violated the Tenth Amendment and exceeded Trump’s statutory authority. Seven hundred Marines were also deployed by the Trump administration, but the judge said he would not rule on that because they were not yet on the streets.

California Gov. Gavin Newsom filed an emergency motion on Tuesday to stop troops from helping with immigration raids.

"The federal government is turning the military against American citizens. This is unprecedented and threatens the very core of our democracy," Newsom said.

The White House 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.”

Trump praised the appeals court decision to keep the National Guard in Los Angeles.

"If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now. We saved L.A. Thank you for the Decision!!!" he wrote on Truth Social.

Since Saturday, President Donald Trump has deployed more than 4,000 National Guard members and 700 Marines to Los Angeles against the state's wishes. A top Pentagon official testifying before the House, Bryn Woollacott MacDonnell, estimated it will cost Los Angeles $134 million.

Trump cited a legal provision, allowing him to mobilize federal service members when there is “a rebellion or danger of a rebellion against the authority of the Government of the United States.”

The National Guard will remain in LA for 60 days, according to the memorandum the president signed deploying them, with Trump stating on Tuesday that they would remain until there is no danger.

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.

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 against ICE raids have since spread to other cities, including Boston, Chicago, Seattle and San Antonio.

_____

Editor's note: The Associated Press contributed to this article.