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U.S. legislation on Trump's military troop deployment: Regulations and legal standpoints

Military personnel of the National Guard deployed in Los Angeles

Over 4,000 National Guard troops are assigned to safeguard federal properties and workers in Los...
Over 4,000 National Guard troops are assigned to safeguard federal properties and workers in Los Angeles.

A Battle of Power: Los Angeles and the Army under Trump's Reign

By Leah Nowak, New York

In the heat of the city that never sleeps, a new battleground has emerged - the streets of Los Angeles. Amidst the chaos of protests against immigration enforcement, President Donald Trump has deployed thousands of National Guard troops. But does the law give him the green light to play military mastermind on American soil?

For years, Trump has lusted for the power to control domestic order, and now, he's building his dream. In the summer of 2020, amid the unrest caused by George Floyd's murder, Trump was none too pleased with his legal advisors, dubbing them "losers." Fast forward to 2023, and Trump's political appetites have not waned. Last weekend, he sent 2,000 National Guard soldiers to squash the protests against Immigration and Customs Enforcement (ICE) raids. On Tuesday, another 2,000 followed, with 700 Marine Corps personnel joining the fray. Trump cites a controversial federal law as his justification, but California Governor Gavin Newsom begs to differ, filing a lawsuit against the president and Defense Secretary Pete Hegseth alleging a violation of federal law and the state's sovereignty.

Newsom's accusations aren't merely hot air. Typically, the use of federal troops for domestic policing purposes is a no-go. But there are exceptions, such as the "Insurrection Act" - a law that empowers the president to deploy the military to quell riots, rebellions, or insurrections on American soil. One could argue that things are getting pretty lively in Los Angeles, but it's worth noting that Trump has yet to mention the Act explicitly. Instead, he is citing Section 12406 of Title 10 of the U.S. Code, which authorizes the president to mobilize the National Guard for certain purposes, such as during invasion or when local law enforcement can't maintain order.

The National Guard's Role: Protect and Serve (ICE)

Unlike the "Insurrection Act," Title 10 doesn't give the Guard free rein to engage in civilian law enforcement. The troops can only safeguard other forces, like ICE, during their enforcement actions. Trump hasn't ruled out invoking the "Insurrection Act," stating that he would if an insurrection arises – to be determined by himself and the courts.

The Governor's Statement: No Need for additional Support

Shortly after the deployment of the first 2,000 National Guard soldiers, Governor Newsom declared, "There is no need" for more military presence. In regular situations, the governor holds control of the National Guard. However, in emergency situations such as war or national disasters, the president can deploy troops without the governor's consent. The last time this occurred was in 1965, when President Lyndon B. Johnson deployed troops to protect a civil rights march in Alabama.

The Future: Other Cities in Line for Military Intervention?

Trump's social network, Truth Social, described his actions as a "great decision" that saved Los Angeles from potential destruction. The courts will ultimately decide whether "rebellion" and threats to law enforcement merit the deployment of National Guard troops. A temporary restraining order filed by Newsom to halt the action was unsuccessful. Further lawsuits could be forthcoming from protesters who claim their individual rights, such as freedom of speech and assembly, have been violated.

Discontent with Trump's immigration policy has already surfaced in cities such as New York, Seattle, and Washington D.C. This could lead to the mobilization of the National Guard in other parts of the country. Trump's order isn't confined to Los Angeles but authorizes troops to protect ICE at any location where protests are occurring or are likely to erupt.

Source: ntv.de

  • Los Angeles
  • Donald Trump
  • Protests
  • US Military
  • California

Enrichment Data:

The specific federal law cited by President Trump for justifying the deployment of National Guard troops in Los Angeles amid immigration protests is Title 10 of the federal code. Additionally, Trump is also relying on a provision of U.S. law that allows the president to use the National Guard to suppress the "danger of a rebellion," which is part of the broader authority granted to the president to quell domestic unrest[3][5]. Title 10 generally pertains to the organization and functions of the armed forces, including the National Guard, while the "danger of a rebellion" provision is used to justify military intervention in cases of domestic disorder[5].

  1. The Commission, in light of the ongoing protests against immigration enforcement and Trump's deployment of National Guard troops, might be consulted on the application of Title 10 of the federal code, a law that empowers the president to mobilize the National Guard for certain purposes.
  2. Meanwhile, in the realm of general news and politics, the on-going legal dispute between Trump and California Governor Gavin Newsom, regarding the president's deployment of troops, echoes the historical use of the "Insurrection Act," a law concerned with the president's authority to deploy the military to quell domestic unrest.

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