Trump Administration Deploys National Guard Troops to L.A.

Introduction to the Situation

The Trump administration announced Saturday that National Guard troops were being sent to Los Angeles — an action Gov. Gavin Newsom said he opposed. President Trump is activating the Guard by using powers that have been invoked only rarely.

What is Title 10?

Title 10 provides for activating National Guard troops for federal service. Such Title 10 orders can be used for deploying National Guard members in the United States or abroad.

Erwin Chemerinsky, one of the nation’s leading constitutional law scholars, said “for the federal government to take over the California National Guard, without the request of the governor, to put down protests is truly chilling.”
“It is using the military domestically to stop dissent,” said Chemerinsky, dean of the UC Berkeley School of Law. “It certainly sends a message as to how this administration is going to respond to protests. It is very frightening to see this done.”

Reasons Behind the Deployment

Tom Homan, the Trump administration’s “border czar,” announced the plan to send the National Guard in an interview Saturday on Fox News as protesters continued confronting immigration agents during raids.
“This is about enforcing the law,” Homan said. “We’re not going to apologize for doing it. We’re stepping up.”
“We’re already ahead of the game. We were already mobilizing,” he added. “We’re gonna bring the National Guard in tonight. We’re gonna continue doing our job. We’re gonna push back on these people.”

Opposition from Local Authorities

Newsom criticized the federal action, saying that local law enforcement was already mobilized and that sending in troops was a move that was “purposefully inflammatory” and would “only escalate tensions.”
The governor called the president and they spoke for about 40 minutes, according to the governor’s office.

Other Rarely Used Powers

Critics have raised concerns that Trump also might try to invoke the Insurrection Act of 1807 to activate troops as part of his campaign to deport large numbers of undocumented immigrants.
The president has the authority under the Insurrection Act to federalize the National Guard units of states to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy” that “so hinders the execution of the laws” that any portion of the state’s inhabitants are deprived of a constitutional right and state authorities are unable or unwilling to protect that right.

Concerns from Civil Liberties Groups

The American Civil Liberties Union has warned that Trump’s use of the military domestically would be misguided and dangerous.
According to the ACLU, Title 10 activation of National Guard troops has historically been rare and Congress has prohibited troops deployed under the law from providing “direct assistance” to civilian law enforcement — under both a separate provision of Title 10 as well as the Posse Comitatus Act.
The Insurrection Act, however, is viewed as an exception to the prohibitions under the Posse Comitatus Act.

Historical Precedents

In 1958, President Eisenhower invoked the Insurrection Act to deploy troops to Arkansas to enforce the Supreme Court’s decision ending racial segregation in schools, and to defend Black students against a violent mob.
Hina Shamsi, director of the ACLU’s National Security Project, wrote in a recent article that if Trump were to invoke the Insurrection Act “to activate federalized troops for mass deportation — whether at the border or somewhere else in the country — it would be unprecedented, unnecessary, and wrong.”

Conclusion

The deployment of National Guard troops to Los Angeles by the Trump administration under Title 10 has sparked controversy and concern among civil liberties groups and local authorities. The use of such powers, especially without the request of the governor, sets a chilling precedent for the use of military force to quell protests and dissent. As the situation unfolds, it remains to be seen how this action will impact the relationship between federal and local authorities, as well as the rights of protesters and immigrants.

FAQs

• Q: What is the legal basis for deploying National Guard troops to Los Angeles?
  A: The Trump administration is using Title 10 to activate the National Guard for federal service.
• Q: Has the governor of California requested the deployment of National Guard troops?
  A: No, Gov. Gavin Newsom has opposed the federal action, stating that local law enforcement is already mobilized and that sending in troops would escalate tensions.
• Q: What are the concerns raised by civil liberties groups about the deployment?
  A: Groups like the ACLU have warned that the use of military force domestically to stop dissent is misguided and dangerous, and that it sets a precedent for suppressing protests.
• Q: Are there historical precedents for invoking the Insurrection Act for similar purposes?
  A: Yes, the Insurrection Act has been invoked in extreme circumstances, such as in 1958 when President Eisenhower deployed troops to Arkansas to enforce desegregation. However, using it for mass deportation or to quell protests would be unprecedented.