President Donald Trump has announced that he is deploying 2,000 California National Guard troops to Los Angeles in response to immigration protests, despite objections from California Governor Gavin Newsom. This move marks a departure from the norm, as typically the governor would retain control over the state’s National Guard.
The deployment of National Guard troops to address civil unrest is not unprecedented. In 2020, President Trump called upon governors to send troops to Washington, D.C. in response to demonstrations following the death of George Floyd. While many governors complied with the request, those who refused were allowed to keep their troops within their respective states.
The legal framework governing the deployment of military forces on U.S. soil can be somewhat ambiguous. The Insurrection Act, an 18th-century law, is the primary mechanism through which a president can activate the military or National Guard during times of rebellion or unrest. However, in this instance, Trump did not invoke the Insurrection Act but instead relied on a federal law that allows the president to federalize National Guard troops under specific circumstances.
The role of the National Guard troops in Los Angeles will be limited to supporting Immigration and Customs Enforcement (ICE) officers in enforcing the law, rather than engaging in direct law enforcement activities. Legal experts caution that this could potentially escalate tensions and raise concerns about the use of force by the troops.
Historically, the Insurrection Act has been invoked in moments of civil unrest, such as during the Civil Rights era when President Dwight Eisenhower deployed the 101st Airborne to protect Black students integrating Central High School in Little Rock, Arkansas. Similarly, President George H.W. Bush used the Insurrection Act to respond to riots in Los Angeles in 1992.
President Trump’s willingness to deploy military forces on home soil has raised concerns about the use of federal troops in domestic law enforcement. While he did not invoke the Insurrection Act during his first term, he has hinted at using it in the future. Trump has also expressed his intention to deploy the National Guard to enforce his immigration enforcement goals.
As tensions continue to escalate in Los Angeles, Defense Secretary Pete Hegseth has indicated that additional measures, including the mobilization of active duty Marines at Camp Pendleton, may be taken if violence persists. The deployment of National Guard troops and the federalization of military forces raise questions about the appropriate use of military resources in responding to civil unrest.
