What Next | Daily News and Analysis Trump Sends in the Troops
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Jun 9, 2025 Elizabeth Goitein, co-director at the Brennan Center for Justice, dives deep into the recent decision to deploy the National Guard in Los Angeles amid protests against ICE raids. She discusses the legal foundations of such a move, navigating the complexities of the Posse Comitatus Act and the Insurrection Act. The conversation highlights the mixed responses from local officials and the ethical implications of federal intervention in civil unrest. Goitein underscores the potential threats this poses to democracy and constitutional rights.
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Trump Federalizes National Guard
- President Trump federalized 2,000 California National Guard troops to quell protests against ICE raids.
- This deployment does not require the governor's consent and may be used anywhere protests against ICE occur.
Legal Basis for Troop Deployment
- The Posse Comitatus Act limits federal troops' role in domestic law enforcement.
- Trump used a lesser-known law, 10 U.S.C. 12406, to federalize the National Guard without invoking the Insurrection Act.
Rare Federalization of National Guard
- It is very rare for a president to federalize the National Guard against a governor's will for civil unrest.
- The last instance was in 1965 during the Selma to Montgomery civil rights marches.