A federal appeals court on Tuesday seemed ready to keep Donald Trump in control of California national guard troops after they were deployed following protests in Los Angeles over immigration raids.

Last week, a district court ordered the US president to return control of the guard to Democratic governor Gavin Newsom, who had opposed their deployment. US district judge Charles Breyer said Trump had deployed the Guard illegally and exceeded his authority. But the administration quickly appealed and a three-judge appellate panel temporarily paused that order.

Tuesday’s hearing was about whether the order could take effect while the case makes its way through the courts, including possibly the supreme court.

It’s the first time a US president has activated a state national guard without the governor’s permission since 1965, and the outcome of the case could have sweeping implications for Trump’s power to send soldiers into other US cities. Trump announced on 7 June that he was deploying the guard to Los Angeles to protect federal property following a protest at a downtown detention center after federal immigration agents arrested dozens of immigrants without legal status across the city. Newsom said Trump was only inflaming the situation and that troops were not necessary.