LA Protests: Trump's National Guard Move Sparks Legal Concerns

Newsweek

4 hours ago

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President Donald Trump's announcement of the deployment of the National Guard in California to quell protests against U.S. Immigration and Customs Enforcement (ICE) actions has raised legal concerns.
Why It Matters
Federal immigration enforcement operations sparked protests across California for a second day in a row on Saturday. ICE carried out raids in Paramount, Los Angeles County, following similar actions at several locations throughout other parts of city on Friday.
Governor Gavin Newsom criticized the move, saying that local law enforcement was already mobilized and the presence of the National Guard was "purposefully inflammatory," would "escalate tensions" and "erode public trust."
What To Know
On Saturday, the White House ordered the deployment of the National Guard to Los Angeles under a provision called Title 10 to "temporarily protect ICE and other United States government personnel who are performing federal functions."
The National Guard is a state-based military force that serves as both a state and federal reserve branch of the U.S. Army and Air Force.
It typically operates under state command and is funded by the state. However, in some cases, troops may be assigned to federal missions while still under state control, with funding provided by the central government.
The law referenced in Trump's proclamation allows National Guard troops to be placed under federal command, and permits this under three conditions: if the U.S. is invaded or faces the threat of invasion; if there is a rebellion or imminent rebellion against federal authority; or if the president is unable to enforce federal laws using regular forces.
A protester stands on a burned car holding a Mexican flag at Atlantic Avenue on June 7, 2025, in Paramount, Los Angeles County, California.
A protester stands on a burned car holding a Mexican flag at Atlantic Avenue on June 7, 2025, in Paramount, Los Angeles County, California.
Apu Gomes/GETTY
The memorandum from the White House reads: "To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the government of the United States."
However, the law also stipulates that such orders should be "be issued through the governors of the states." It is not immediately clear if the president can activate National Guard troops without the order of that state's governor.
Newsweek contacted the White House for clarification via email outside of regular working hours.
"President Trump's deployment of federalized National Guard troops in response to protests is unnecessary, inflammatory, and an abuse of power," said Hina Shamsi, director of the American Civil Liberties Union's National Security Project.
The Trump administration has not invoked the Insurrection Act, according to anonymous U.S. officials who spoke to Reuters this weekend. The act of 1807 serves as the primary legal authority allowing a president to deploy the military or National Guard during times of rebellion or civil unrest.
A memo issued by the White House on the matter specifies that the National Guard has been deployed to "temporarily protect ICE and other United States government personnel who are performing federal functions, including the enforcement of federal law, and to protect federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations."
This means that National Guard troops will not be permitted to aid local law enforcement—they will be used to protect and provide logistic support to federal ICE agents.
"There's nothing these troops will be allowed to do that, for example, the ICE officers against whom these protests have been directed could not do themselves," Steve Vladeck, a professor at the Georgetown University Law Center who specializes in military justice and national security law, wrote in a blog post.
"There is the obvious concern that, even as they are doing nothing more than 'protecting' ICE officers discharging federal functions, these federalized troops will end up using force—in response to real or imagined violence or threats of violence against those officers. In other words, there's the very real possibility that having federal troops on the ground will only raise the risk of escalating violence—not decrease it."
What People Are Saying
A White House memo reads: "Numerous incidents of violence and disorder have recently occurred and threaten to continue in response to the enforcement of federal law by U.S. Immigration and Customs Enforcement (ICE) and other United States government personnel who are performing federal functions and supporting the faithful execution of federal immigration laws. In addition, violent protests threaten the security of and significant damage to federal immigration detention facilities and other federal property."
Border czar Tom Homan on Fox News: "We're already mobilizing. We're gonna bring the National Guard in tonight and we're gonna continue doing our job. This is about enforcing the law."
He continued: "American people, this is about enforcing the law, and again, we're not going to apologize for doing it."
California Governor Gavin Newsom on X, formerly Twitter, following the National Guard announcement: "The federal government is moving to take over the California National Guard and deploy 2,000 soldiers. That move is purposefully inflammatory and will only escalate tensions. L.A. authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need."
Hina Shamsi, director of the ACLU's National Security Project: "By taking this action, the Trump administration is putting Angelenos in danger, creating legal and ethical jeopardy for troops, and recklessly undermining our foundational democratic principle that the military should not police civilians."
Newsom's office also told Newsweek on Friday: "Continued chaotic federal sweeps, across California, to meet an arbitrary arrest quota are as reckless as they are cruel. Donald Trump's chaos is eroding trust, tearing families apart, and undermining the workers and industries that power America's economy."
Erwin Chemerinsky, dean of the UC Berkeley School of Law, told the Los Angeles Times: "It is using the military domestically to stop dissent. It certainly sends a message as to how this administration is going to respond to protests. It is very frightening to see this done."
What Happens Next
After Trump announced he was deploying National Guard troops on Saturday, Defense Secretary Pete Hegseth said other measures could follow.
Hegseth wrote on X that active duty Marines at Camp Pendleton, south of Los Angeles, were on "high alert" and could also be mobilized "if violence continues."