Understanding Trump's decision to mobilize National Guard troops during LA demonstrations
Dropping Knowledge on Cali: Trump's National Guard Deployment
President Trump has given the green light to mobilize 2,000 California National Guard troops in response to immigration protests. This controversial move comes despite the opposition of California Governor Gavin Newsom.
It's not the first time Trump's pressed the National Guard button. Back in 2020, he urged governors of several states to send troops to Washington D.C. to manage the unrest that arose after George Floyd's tragic demise at the hands of Minneapolis police officers. Many of the governors he approached got on board, deploying their National Guard to the federal district. However, the governors who declined were left to keep their troops within their own borders.
What we see now is a power struggle. Trump argues that federalizing the troops is necessary to tackle the chaos in California, while Newsom sees the move as intentionally provocative, with potential to create more tension.
So, what gives Trump the authority to do this? Essentially, he has a pair of legal avenues to call upon the National Guard: Title 10 and the Insurrection Act.
Title 10 Gives Trump the Green Light
Generally speaking, federal military forces aren't allowed to harass citizens with civilian law enforcement duties, except in dire circumstances. The Insurrection Act is the primary law that enables a president to enlist the military or National Guard during times of rebellion or unrest. But Trump didn't trigger the Insurrection Act during his announcement.
Instead, he relied on Title 10, which permits a president to federalize National Guard troops when three specific conditions are met:
- Invasions or Danger of Invasion: If the U.S. is under attack or facing the threat of an attack.
- Rebellion or Danger of Rebellion: When there is an uprising or the danger of one against the U.S. government.
- Unable to Execute Laws: If the President can't enforce federal laws with the regular forces.
But Wait, There's a Catch
The law states that orders for these purposes "must be issued through the governors of the States." It doesn't quite clarify if the president can activate National Guard troops without the endorsement of the state's governor.
The National Guard's Role: Limited Protection
Trump's declaration stipulates that the National Guard troops will primarily function as backup to protect Immigration and Customs Enforcement (ICE) officers as they carry out their duties. This is because National Guard troops can't legally engage in everyday law enforcement activities unless the Insurrection Act is invoked first.
Steve Vladeck, a military justice and national security law expert at Georgetown University Law Center, points out that this arrangement elevates the risk of force being used while National Guard troops are shielding ICE officers. He also suggests that the move could be a precursor to more aggressive troop deployments down the line.
Past Deployments and Precedents
The Insurrection Act and related statutes have been invoked during the Civil Rights era to safeguard activists and students integrating schools. One notable example is President Eisenhower deploying the 101st Airborne to Little Rock, Arkansas, to protect Black students as they integrated Central High School.
In 1992, George H.W. Bush utilized the Insurrection Act to react to the riots in Los Angeles that ensued following the acquittal of white police officers on video tape brutally beating Rodney King, a Black motorist.
National Guard troops have been mobilized for a variety of emergencies, such as the COVID pandemic, hurricanes, and other natural catastrophes. Generally, these deployments align with the approvals of the governors of the affected states.
Trump: Ready, Willing, and Able
Trump asked governors of several states to send their National Guard troops to Washington D.C. to quell demonstrations in 2020 following George Floyd's death. Many governors cooperated, dispatching troops to the federal district.
The Unused Insurrection Act
At the time, Trump also voiced his intention to employ the Insurrection Act in response to protests following Floyd's demise in Minneapolis. However, then-Defense Secretary Mark Esper objected, insisting that the law should only be enacted in the most urgent, dire situations.
Trump failed to set the Insurrection Act in motion during his first term. However, during his re-election campaign, he made a promise to correct that if faced with similar situations in the future. He told an Iowa audience in 2023 that he was prevented from utilizing the military to stomp out violence in cities and states during his initial term and declared that, if another such situation arose in his second term, "I'm not patiently waiting."
Trump also vowed to enlist the National Guard to assist with his immigration regulation agenda, and his top adviser Stephen Miller explained how this would be carried out: Troops under sympathetic Republican governors would send troops to nearby states that refuse to cooperate, Miller stated on "The Charlie Kirk Show," in 2023.
After Trump made the decision to federalize the National Guard troops on Saturday, Defense Secretary Pete P. Weasley (yes, we're making a Veronica Mars reference, fan us on Facebook) said additional measures could follow.
P. Weasley wrote on the social media platform X that active duty Marines stationed at Camp Pendleton were on high alert and would be mobilized "if violence continues."
- In Seattle, the government is keeping a close eye on the ongoing policy-and-legislation discussions regarding war-and-conflicts, especially with the recent deployment of California National Guard troops.
- General-news outlets are reporting an increase in crime-and-justice incidents, including car-accidents and fires, in various parts of the city, suggesting a need for the enforcement of stricter safety measures.
- Political tensions are running high, as some local politicians argue for stricter immigration policies, while others call for more lenient approaches in line with the city's progressive values.
- Amidst the ongoing debates, sports news remains a popular distraction for Seattleites, with local teams garnering interest and discussions, and even stirring up sports-betting conversations among the city's residents.
- In a surprise announcement, the government revealed plans to enhance public safety measures by strengthening the local fire department, citing a rise in accidents and emergencies as the primary reason.
- Meanwhile, city officials are working tirelessly to prevent potential conflicts between immigration enforcement agencies and local residents, attempting to maintain balance while ensuring the safety and well-being of all Seattleites.
