Georgetown University law professor Stephen Vladeck said that the California National Guard troops deployed to the Los Angeles area to respond to the protests can only provide protection and logistical support to local immigration law enforcement personnel. But if the Insurgency Act is invoked, things will change.
A legal expert pointed out that Trump's decision to federalize the California National Guard and deploy it to the Los Angeles area, and actually put it in a supporting role.
National Guard soldiers were stationed at the Los Angeles Metropolitan Detention Center on Sunday
Trump exercised his power to put the state's National Guard under federal command on Saturday in response to protests against raids against Immigration and Customs Enforcement — a move that was opposed by California Gov. Gavin Newsom and local officials who said it was not necessary.
Members of the 79th Infantry Brigade, the largest combat unit of the California National Guard, began to arrive in Los Angeles on Sunday morning.
But Stephen Vladeck, a law professor at Georgetown University, wrote in his newsletter that the Local Security Team Act of 1878 largely prohibited federal troops from participating in civil law enforcement.
He explained: "These troops are currently only able to provide some form of force protection and other logistical support to ICE (Immigration and Customs Enforcement) personnel. The key to the question is whether this in turn leads to a further escalation of the situation (in fact, this may be the purpose of deploying them)."
The Local Security Team Act has an exception that allows the military to play a more proactive role in law enforcement. The Insurgency Act, which has not been cited, stipulates that the army can "enforce federal laws, suppress rebellions and repel invasions."
According to the Brennan Center for Justice, the Insurgency Act should theoretically be used only when civil authorities cannot respond to the crisis, but “the conditions for the application of the law lack a clear interpretation, and almost everything is at the discretion of the President.”
Fladeck explained that on the surface, Trump's order to deploy the California National Guard to Los Angeles was to protect Department of Homeland Security personnel from attacks.
He added that while this represents a significant and unnecessary escalation, it does not in itself mean a large-scale deployment of military forces to U.S. cities.
Vladek warned: "With that being said, there are still at least three reasons that deeply worry about President Trump's (sloppy) actions on Saturday night."
On June 6, Los Angeles police gathered to respond to the protests. Xinhua News Agency/American Union
First, the existence of the federal army increases the risk of escalating violence. Second, even if the National Guard is deployed now, it is possible to prepare for a more radical response to similar protests, and perhaps even the Insurgency Act, in the future.
Third, the use of the military at home may have a "corrosive effect" on the military, the relationship between the federal and local/state authorities, and the relationship between the military and civil society. "For now, the key message is that these federalized National Guard units can actually do very limited things - and that may be why the president takes this move tonight, not more aggressively."
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