The regulations are ambiguous even with the authority of how far the National Guard can intervene in responding to the protests.
“In general, federal forces cannot carry out law enforcement missions against U.S. citizens except in emergencies,” he said. “The Insurrection Act, enacted during the 18th century war, is a major legal means for the president to mobilize troops or national guards in case of rebellion or social unrest, but President Trump did not invoke the law.”
In his proclamation to deploy the National Guard, Trump used Title 10, a federal law that allows the National Guard to be converted into a federal member under certain circumstances, instead of the Insurrection Act. The law stipulates that the U.S. can send the National Guard to cases where the U.S. is invaded or in danger of invasion. However, even in this case, Trump did so without the consent of California Governor Gavin Newsom.
When asked if he was ready to invoke the Insurrection Act in the L.A. area, Trump told reporters at Morristown Airport in New Jersey, “It depends on whether there is a civil war or not.” Asked if he thought there was a civil war going on, he said, “No. But there are violent people and we’re not going to let them just move on.”
The role of the National Guard is also limited. According to Trump’s proclamation, the National Guard is responsible for protecting and supporting Immigration and Customs Enforcement (ICE) agents rather than performing their own duties in law enforcement. Steve Vladeck, a professor at Georgetown University, told The Associated Press that the National Guard is prohibited from participating in general law enforcement unless the Insurrection Act is invoked, adding that the National Guard cannot do things that the ICE agents cannot do. However, he added that there is a risk of using actual physical force in the process of protecting ICE agents.
The National Guard has been deployed in various emergencies in the past, such as the COVID-19 pandemic and natural disasters. However, this arrangement was agreed by the governor. Even during the death of George Floyd in 2020, Trump asked governors of various states to deploy the National Guard to Washington DC. At the time, many governors agreed to deploy the National Guard. Even during the first term, Trump never invoked the Insurrection Act.
The Democratic Party strongly protested when U.S. President Donald Trump deployed National Guard troops to suppress protests against the immigration crackdown in Los Angeles (LA).
According to Reuters, political confrontation intensified as Democrats criticized President Trump’s decision as an unnecessary overreaction and abuse of power, while Republicans countered that it was a legitimate response to establishing law and order.
Senator Cory Booker appeared on NBC and warned that the federal government’s use of the National Guard to suppress protests without the consent of California’s governor was unusual and an act of escalating tensions.
Booker criticized Trump as “hypocrisy,” mentioning that he was passive in restraining riot participants and even pardoning them during the January 6, 2021, Capitol riot. Trump ordered about 2,000 National Guard troops to be sent to LA on the 7th as protests against immigration crackdown in LA intensified.
“Trump is not trying to de-escalate conflict or maintain peace,” Senator Chris Murphy of Connecticut said. “He is trying to incite discord and divide society. He will not miss the opportunity to end the rule of law.”
In response, California Governor Gavin Newsom lashed out at Trump, saying, “We are deliberately inciting it to raise tensions,” adding, “The deployment of the National Guard is not to meet the necessary demand, but to manipulate the crisis.”
L.A. Mayor Karen Bath also stressed that the National Guard’s deployment is “completely unnecessary and aggravating the situation” and that “the LAPD has the capacity to fully control the protest situation.”
Representatives of the Democratic Party, including Ted Lieu and Nanata Barragán, who are based in LA, California, also criticized Trump’s decision in one voice, saying it would worsen the situation.
Some Democratic lawmakers visited Immigration and Customs Enforcement (ICE) facilities and attempted congressional supervision, but were denied entry.
In contrast, Republicans defended Trump’s decision. “Maintaining peace through strength is one of our core principles,” House Speaker Mike Johnson said. “This move is not excessive.”
Senator James Rankford attempted to back up the legitimacy of the decision, referring to instances in which the National Guard supported local law enforcement during anti-racism protests in Seattle and Portland in 2020.
LA’s protests began in protest of the federal government’s massive immigration crackdown and spread not only to downtown LA but also to surrounding areas such as Paramount and Compton.
During the protests, some protesters showed violent patterns, such as throwing objects at police and setting fire to vehicles, and police attempted to disperse them using tear gas and flash bullets.
The National Guard, ordered by Trump, began arriving in LA on the 8th and was deployed around the federal building to increase alertness.
This week, the Trump administration cites certain provisions of the Military Mobilization Act as the basis for mobilizing defense forces, but some analysts say that it may be an attempt to exercise authority equivalent to the Rebellion Act.
The insurrection law gives the president strong authority to send federal troops into Korea in the event of a riot or rebellion. In a related development, the American Civil Liberties Union (ACLU) condemned Trump’s move as “unnecessary, inflammatory, and obvious abuse of power,” hinting at the possibility of legal action.
U.S. Defense Secretary Pete Hegseth said that if the violence of the protesters continues, even active-duty Marines could be deployed, but Governor Newsom dismissed it as “insane.”
SAM KIM
US ASIA JOURNAL
