On Saturday, President Trump took emergency measures by mobilizing 2,000 National Guard soldiers to suppress immigrant protests in California, which is a rare case of using federal powers and bypassing the authority of state Governor Gavin Newsom, writes The New York Times.
Governors almost always control the deployment of National Guard troops in their states. But in the directive signed by Trump, a provision 10 U.S.C. 12406 from section 10 of the U.S. Code on armed forces is cited. Part of this provision allows for the federal deployment of National Guard forces if there is «an insurrection or threat of an insurrection against the authority of the government of the United States».
It also states that the president can call into federal service «members and units of the National Guard of any state in such numbers as he deems necessary to repel an invasion, suppress a rebellion, or execute these laws».
«To the extent that protests or acts of violence directly impede the execution of laws, they constitute a form of insurrection against the authority of the government of the United States», — stated in Trump's directive. The president also declared that any demonstration interfering with the work of immigration services would be considered a «form of insurrection».
California Governor Gavin Newsom stated that this is a «deliberately provocative step that will only exacerbate tensions».
According to Elizabeth Goitein, senior director of the «Liberty and National Security» program at the Brennan Center for Justice, this is the first instance since 1965 when a president has deployed state National Guard forces without a request from the governor of that state. The last time this happened was when President Lyndon Johnson sent troops to Alabama to protect civil rights demonstrators, she said.
On Friday and Saturday, protests against federal raids on immigrant workplaces took place in California. The latest is unfolding at a Home Depot store in Paramount, California, about 20 miles south of downtown Los Angeles.
Local authorities noted that while some demonstrators clashed with police and were overly aggressive, nothing indicated the need for federal assistance.
Trump's directive authorized the Secretary of Defense to «engage any other members of the regular armed forces if necessary to reinforce and support the protection of federal functions and property, in any number he deems appropriate». In his post on X, Pete Hegseth stated that active-duty Marines are «on high alert» at Camp Pendleton, about 100 miles south of Los Angeles, and may also be mobilized.
Trump proposed deploying U.S. troops in a similar manner during his first term to suppress outbreaks of violence during nationwide protests against the police killing of George Floyd in Minneapolis. At that time, he decided not to do so, but repeatedly raised the issue of using troops to secure border states. In 2020, in the final days of Trump's first presidential term, military helicopters were used to disperse peaceful demonstrators protesting against police violence near the White House.
«The fact that the federal government took control of the California National Guard without a request from the governor to suppress protests is truly alarming», — said Erwin Chemerinsky, dean of the University of California, Berkeley School of Law. «This is the use of armed forces domestically to suppress dissent».
The National Guard is often used during extreme weather events such as hurricanes and wildfires. The last time a president called upon it in response to civil unrest was in 1992 during the Los Angeles riots, which erupted after four white police officers caught on camera beating black Rodney King were acquitted, according to the National Guard website. However, this was done at the request of the governor.
Photo: AP