Trump's Troop Deployment in Los Angeles: A Look at US Law and the Controversial Move
U.S. Legislative Perspective on Trump's Military Troop Deployment
By Leah Nowak, New York (Edge) (Facebook) (Twitter) (Whatsapp) (Email) (Print) *(Copy Link)
Get ready, folks, because the drama's unfolding again. US President Donald Trump has, once more, threatened to take matters into his own hands, this time by sending thousands of soldiers to Los Angeles to quell immigration protests—against Governor Gavin Newsom's wishes. To justify this, Trump's pointing to a contentious provision of federal law.
Remember when last summer, protests against the police killing of George Floyd erupted across the nation? Trump was all over it, criticizing his legal and military advisors for their counsel against deploying federal troops to control the chaos. Now, in a brave new world, Trump is back, and so is his dream of a military enhancing domestic order. Last Saturday evening, Trump dispatched a whopping 4,700 national guard troops to LA to put an end to protests against Immigration and Customs Enforcement (ICE) raids.
Politics Courts Watch: Could the L.A. Protests Spur a Legal Showdown?But, hold on a sec, as California's Governor Newsom sees Trump's actions as lawless. On Monday, his state filed a lawsuit against Trump and Defense Secretary Pete Hegseth, claiming that their actions contravene federal law and the state's sovereignty.
A Question of Legal Grounds
You might wonder what shortcuts Trump is using to justify this unprecedented move, especially when it's generally forbidden to use federal troops for police purposes on US soil. Well, havenshielded by a loophole known as the "Insurrection Act". This law permits the president to deploy the military within the country to suppress riots, rebellions, or insurrections. This law was last exercised back in 1992 by President George W. Bush, at the behest of then-Governor Pete Wilson.
However, while Trump has not explicitly invoked the "Insurrection Act", he's referring to Section 12406, Title 10 of the US Code, allowing the president to mobilize the National Guard for specific purposes, like in the event of an invasion or when civilian authorities can no longer maintain order.
What Powers Do the Soldiers Possess?
Unlike the "Insurrection Act", Title 10 does not permit the Guard to engage directly in civilian law enforcement. The troops may not execute raids or make arrests on their own, but they can safeguard other forces—in this case, ICE—during their enforcement actions. That being said, Trump expressed his intention to employ the "Insurrection Act" in the future.
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Trump apparently believes that local law enforcement in LA is struggling to cope, a claim shortly debunked by Governor Newsom. Typically, control of the National Guard rests with each state's governor. However, in times of emergencies such as wars or national disasters, the president can deploy troops without the governor's consent. Nevertheless, this is an extraordinary measure, last seen when President Lyndon B. Johnson mobilized troops to protect a civil rights march in Alabama without the governor's permission back in 1965.
Politics News Flash: Arrests in L.A.–Police take action on horseback## Deployment of troops might expand to other cities
Trump maintains that his actions prevented Los Angeles from being "completely destroyed". Whether the "rebellion" and the "danger to law enforcement" merit such a drastic reaction will be left to the courts to decide. An emergency appeal by Newsom on Tuesday to halt the operation was initially futile. Further lawsuits may ensue from protesters citing their rights of free speech and assembly, setting a dangerous precedent.
Protests against Trump's immigration policy have arisen in other cities like NYC, Seattle, and Washington D.C. This could lead the government to mobilize the National Guard in more locations across the nation. Trump's order is not confined to Los Angeles but grants troops the authority to safeguard ICE at all sites where protests against these initiatives are taking place or might happen.
Source: ntv.de
- Los Angeles
- Donald Trump
- Protests
- US Military
- California
Disputes over the powers of the President and the National Guard in such scenarios prompted us to dissect the pertinent laws further.
Specific Provision Used by President Trump
President Trump invoked Section 12406 of Title 10 of the U.S. Code to deploy troops to Los Angeles. This provision allows the president to call federal service members when there is a rebellion or danger of rebellion against the authority of the U.S. government or when the president is unable to execute the laws of the United States with the regular forces.[1][4]
Circumstances for Using the Insurrection Act
The Insurrection Act is the primary legal mechanism for deploying federal military forces for domestic law enforcement. It allows the president to deploy troops to quell domestic violence, insurrections, and rebellions against U.S. authority and to execute federal and civil rights laws when they are being obstructed. The Insurrection Act can be invoked when the president determines that civil authorities are unable to maintain order, and it provides express statutory authorization for such deployments, unlike the situation in Los Angeles, where the Insurrection Act was not invoked.[3][5]
Key circumstances under which the Insurrection Act can be used include:
- Quelling Civil Unrest: The act allows for the deployment of troops to quell violent civil unrest that threatens the stability of the government or the rights of citizens.
- Executing Federal Law: The president can use the act to enforce federal laws when they are being obstructed by insurrections or rebellions.
- Supporting State Governments: It can be invoked at the request of state governments when they are unable to maintain order on their own.
- Reestablishing Constitutional Rule: The president can use the act to protect the constitutional order, particularly during times of crisis, when fundamental rights or freedoms are under threat.
It's worth noting that there are sometimes subtle distinctions between the Insurrection Act and Section 12406 of Title 10. In the case of Los Angeles, the strategy employed by President Trump is being challenged legally by California authorities, setting a potentially significant precedent for future moves by the President.
The Commission has also been consulted on the draft directive on the protection of workers from the risks related to exposure to ionizing radiation in the context of the political controversy surrounding President Trump's deployment of troops in Los Angeles, as the General News has reported. The use of the Insurrection Act and Section 12406 of Title 10 of the U.S. Code in this situation, particularly in relation to the protection of workers from ionizing radiation during ICE raids, could potentially raise questions about crime-and-justice issues and the appropriate use of military force in domestic law enforcement.
