RISKY POLICINGTrump’s Use of the National Guard Against LA Protesters Defies All Precedents
Unlike his predecessors, Trump has not mobilized the national guard to protect civil rights against a hostile police force. Instead, he appears to be using this as leverage to undermine a political opponent he views as blocking his agenda. Circumventing gubernatorial powers over the national guard in this way has no precedent and heralds the next stage in an extended conflict between the president and the state of California.
Violence has erupted on the streets of cities across southern California over the weekend, as protesters clashed with agents from the US Immigration and Customs Enforcement (ICE) agency detaining people they suspected to be illegal immigrants. The US president, Donald Trump, took the unusual decision on Saturday to deploy 2,000 troops from California’s national guard, despite not being requested to by the state’s governor, Gavin Newsom.
Newsom has threatened to sue Trump over what he has called “an illegal act, an immoral act, an unconstitutional act”. Other California officials have also denounced the move, with Senator Adam Schiff calling it a “dangerous precedent for unilateral misuse of the guard across the country”.
Raids by ICE agents have increased significantly since mid-May when the Trump administration threatened to fire senior ICE officials if they did not deliver on higher arrest quotas. Several high-profile wrongful arrests of US citizens have further inflamed tensions.
Protests have escalated in California, a Democratic stronghold and a “sanctuary state” where local law enforcement does not cooperate with ICE to detain illegal immigrants.
At around 24,000 troops, California’s national guard is the largest in the United States. Each state has its own national guard unit, a reserve force under the control of the governor which can be called upon in times of crisis – often to help out during natural disasters or other emergencies. For example, in January, Newsom activated several thousand troops to aid relief work during the devastating fires that threatened Los Angeles.
In 1992, the then president, George H.W. Bush, backed the call of the then governor of California, Pete Wilson, call to deploy national guard members to quell the South Central LA riots.
Now troops are back on the streets of LA. But this time not at the behest of the governor. Trump’s unilateral decision to take federal control over the national guard pits the president against the state of California – and importantly, against a state that has constantly resisted his anti-immigrant agenda. Newsom is seen by many as a possible contender for the Democratic Party’s nomination in the 2028 presidential election.
Historical Precedents
Is there a precedent for this? Yes and no. The Insurrection Act (passed in 1807, but revised several times) authorizes the president to call on the national guard in times of crisis or war to supplement state and local forces. This has been codified in title 10 of the US Code, which details the laws of the land.
