Introduction to the Situation
The Pentagon is currently working on establishing rules to guide U.S. Marines who may be faced with the prospect of using force against citizens on American soil. This comes as the Trump administration is deploying active duty troops to the immigration raid protests in Los Angeles. U.S. Northern Command has announced that it is sending 700 Marines into the Los Angeles area to protect federal property and personnel, including federal immigration agents. The 2nd Battalion, 7th Marines are coming from Twentynine Palms, California, and will augment about 2,100 National Guard soldiers in LA responding to the protests.
Training and Equipment
The forces have been trained in deescalation, crowd control, and standing rules for the use of force, Northern Command said. The Marines are highly trained in combat and crisis response, with time in conflict zones like Syria and Afghanistan. However, their role in Los Angeles will be starkly different, as they could potentially be hit by protesters carrying gas canisters and have to quickly decide how to respond or face decisions about protecting an immigration enforcement agent from crowds. According to a U.S. official, troops will be armed with their normal service weapons but will not be carrying tear gas. They also will have protective equipment such as helmets, shields, and gas masks.
Rules of Engagement
When troops are overseas, how they can respond to threats is outlined by the rules of engagement. At home, they are guided by standing rules for the use of force, which have to be set and agreed to by Northern Command, and then each Marine should receive a card explaining what they can and cannot do, another U.S. official said. For example, warning shots would be prohibited, according to use-of-force draft documents viewed by The Associated Press. Marines are directed to deescalate a situation whenever possible but also are authorized to act in self-defense, the documents say.
Legal Considerations
The Pentagon also is working on a memo with clarifying language for the Marines that will lay out the steps they can take to protect federal personnel and property. Those guidelines also will include specifics on the possibility that they could temporarily detain civilians if troops are under assault or to prevent harm, the first U.S. official said. Having the Marines deploy to protect federal buildings allows them to be used without invoking the Insurrection Act, one U.S. official said. The Insurrection Act allows the president to direct federal troops to conduct law enforcement functions in national emergencies. But the use of that act is extremely rare.
Concerns and Questions
If their role expands if the violence escalates, it is not clear under what legal authority they would be able to engage, said Elizabeth Goitein, a senior director of the Liberty and National Security Program at the Brennan Center for Justice at NYU Law. “If in fact those Marines are laying hands on civilians, doing searches, then you have pretty powerful legal concerns,” Goitein said. “No statutory authority Trump has invoked so far permits this.” The Marine Corps are asking broader questions, too: Do they send more senior, experienced personnel so as not to put newer, less experienced troops at risk of potentially making a judgment call on whether to use force against a civilian?
Conclusion
The deployment of U.S. Marines to Los Angeles to respond to immigration raid protests raises complex questions about the use of force and the role of the military in domestic law enforcement. The Pentagon is working to establish clear rules and guidelines for the Marines, but the situation remains uncertain and potentially volatile. As the situation continues to unfold, it is essential to consider the potential consequences of using military force against civilians and to ensure that the rights and safety of all individuals are protected.
FAQs
Q: Why are U.S. Marines being deployed to Los Angeles?
A: The Marines are being deployed to protect federal property and personnel, including federal immigration agents, during immigration raid protests.
Q: What training have the Marines received for this deployment?
A: The Marines have been trained in deescalation, crowd control, and standing rules for the use of force.
Q: Can the Marines use force against civilians?
A: The Marines are authorized to act in self-defense, but the use of force against civilians is subject to strict guidelines and rules of engagement.
Q: What is the Insurrection Act, and how does it relate to this deployment?
A: The Insurrection Act allows the president to direct federal troops to conduct law enforcement functions in national emergencies. However, the use of this act is extremely rare, and the Marines are being deployed to protect federal buildings without invoking the Insurrection Act.
Q: What are the potential legal concerns surrounding this deployment?
A: There are concerns about the potential for the Marines to engage in law enforcement activities, which are prohibited under the Posse Comitatus Act, and the potential for violations of civilians’ rights under the Fourth Amendment.
