Legal Issues Surround Trump’s Use of National Guard in LA Immigration Protests
President Trump has long mused about using troops to crush violent protests or riots in blue-state cities. He is now moving to do so in Los Angeles.
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President Trump has long mused about using troops to crush violent protests or riots in blue-state cities. He is now moving to do so in Los Angeles.
National Guard troops began arriving in Los Angeles on Sunday after President Trump’s order on Saturday.Credit...Alex Welsh for The New York TimesBy Charlie Savage
Charlie Savage writes about presidential power and legal policy. He reported from Washington.
June 8, 2025, 3:13 p.m. ET
Setting up a rare use of military force on domestic soil, President Trump ordered the Pentagon on Saturday night to send at least 2,000 National Guard troops to respond to protests in Los Angeles set off by his immigration crackdown.
Mr. Trump has long mused about using military force on domestic soil to crush violent protests or riots, fight crime and hunt for undocumented migrants — a move that his aides talked him out of during his first term. Between his two presidencies, he said that he would do so without the consent of state governors if he returned to power.
The order is a significant step in that direction, but for now it stops short of invoking the most expansive power Mr. Trump could claim a right to use. It remains unclear how matters will play out on the ground — and, potentially, in court.
Here is a closer look at the legal and policy issues.
Mr. Trump called up National Guard troops to be put under federal control. He authorized Defense Secretary Pete Hegseth to use troops to protect immigration enforcement agents, buildings and functions from interference by protesters. As justification, the White House cited recent protests against Immigration and Customs Enforcement raids in Los Angeles.
The order called for at least 2,000 National Guard troops to be deployed for at least 60 days. Mr. Trump also authorized Mr. Hegseth to use regular federal troops “as necessary” to augment the work of the federalized National Guard units.
The National Guard consists of state-based military forces, largely part-time troops who have separate, full-time civilian jobs. Normally, each state’s governor controls its guard and can direct it to deal with a disaster or civil disorder. But under certain circumstances, federal law allows the president to take control of a state’s guard.
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