A Los Angeles troubles: Is Trump authorized to deploy troops from the National Guard? | Protests

The President of the United States, Donald Trump Coordinated immigration raidsbypassing the authority of the Governor of California.

Extraordinary development occurred on Saturday, the second day of protests, in the midst of clashes between agents of the law application and city demonstrators.

The Los Angeles police department said that Saturday’s demonstrations were peaceful and that “the day ended without incident”. But in the two cities south of Los Angeles, Compton and Paramount, street battles broke out between the demonstrators and the police who used tear gas and flashbangs to disperse the crowd.

Local authorities have not requested federal aid. On the contrary, the governor of California, Gavin Newsom, described Trump’s decision to call the troops of the “deliberately inflammatory” National Guard.

He accused the Trump administration of commanding the deployment “not because there is a shortage of application of the law, but because they want a show”.

How did it start?

It all started on Friday, when managers of the application of the riot equipment went down to Los Angeles, bringing together the workers of the day in a building supplies store.

The raids, which are part of a military style operation, reported a step in the use of the Trump administration force in its repression against undocumented immigrants. The arrests were carried out without judicial terms, according to several legal observers and the civil civil liberties Union.

The Ministry of Internal Security said that more than 100 undocumented immigrants had been arrested in two days of raids in southern California.

After the word spread in southern Los Angeles of immigration agents who arrested people, the residents went out to show their indignation and a repression of the police followed.

What is the National Guard?

It is made up of part -time soldiers who can be used at state and federal levels. Under the authority of state governors, national guard troops can be deployed to respond to emergencies, such as the cocovio pandemic, hurricanes and other natural disasters. It can also be used to combat social disorders when local police are exceeded.

During war times or national emergencies, the federal government can order a deployment for military service-that is to say when the National Guard is federalized and serves under the control of the president.

Can the president deploy the national guard in a state?

The president can federate or take control of the National Guard in very specific cases.

The main legal mechanism that president can use to send military forces is the insurrection law to remove insurrections, rebellions and civil disorders within the country. If certain conditions are met, the president may send the national guard, bypassing the authority of the governor, although it is rare and politically sensitive.

After the escape of demonstrations in Los Angeles, Trump did not invoke the Insurrection Act, but rather a arrangement of the American code on armed services. He indicates that the national guard troops can be placed under federal command when there is “there is a rebellion or a danger of rebellion against the authority” of the United States.

But the law also indicates that “the orders for these purposes will be issued through governors” of states, which did not stimulate if Trump had the legal power to bypass Newsom.

Trump’s directive ordering the deployment of troops said “Manifestations or acts of violence” directly inhibiting the execution of laws “would constitute a form of rebellion” against the government.

According to Robert Patillo, a lawyer for civil and human rights, Trump’s order will probably be confronted with judicial disputes.

“Normally, federal troops will be used within states at the invitation of the governor of this state,” he told Al Jazeera, citing the 1992 riots in Los Angeles, which were written by the federal troops invited by Pete Wilson, then Governor of California.

“But if the governor, like Gavin Newsom, did not ask that the federal troops arrive, and that these troops arrive against his will, then there will be challenges … And that will have to go to the Supreme Court to determine who has the legal right to deploy these troops,” said Patillo.

Is this the first time that Trump has activated the National Guard?

In 2020, Trump threatened to invoke the Insurrection Act to respond to the demonstrations that followed the murder of a Minneapolis police officer from George Floyd. Then defense secretary Mark Esper rejectedSaying that troops in active service in an application role should be used “only in the most urgent and disastrous situations”.

Finally, Trump did not invoke the Insurrection Act and asked the governors of several states to deploy their national guard troops in Washington, DC. Those who refused to send them were allowed to do so.

But this time, Trump has already pointed out his reluctance to refrain from calling troops. During the campaign track in 2023, Trump told the supporters of Iowa that he would not wait for a governor to be invited to send troops as during his first mandate.

“Next time, I’m not waiting,” he said.