Donald Trump's decision to deploy military personnel to Los Angeles in response to protests over immigration enforcement has raised alarms among legal experts and state officials, who warn it may signal a dangerous overreach of executive power.
Tensions escalated after Trump authorized military support without invoking the Insurrection Act, which would formally permit the use of troops in civilian law enforcement, according to NBC News.
Elizabeth Goiten, a national security expert at the Brennan Center for Justice, described the move as a "red alert," warning that preemptively stationing military forces across the country for protest response is a "hallmark of authoritarian rule." She cautioned that even without the Insurrection Act, the military could end up using force or detaining civilians.
Legal scholars note that Trump's actions fall into a gray area. The president has relied on a law permitting troop deployment in the event of an invasion or rebellion, criteria that California officials argue are not met. California Attorney General Rob Bonta has challenged the legality of the order, arguing it violates the Posse Comitatus Act, which restricts the military from acting as domestic police. A federal judge is being asked to intervene, with Bonta warning that troops may soon be engaged in "quintessential law enforcement activity."
Past presidents have used the Insurrection Act under different circumstances, including desegregation in the South and the 1992 Los Angeles riots. In those instances, however, deployments were made in coordination with state leaders. In contrast, California Governor Gavin Newsom strongly opposes Trump's move and has not consented to the federalization of the National Guard.
While the White House says there are no current plans to invoke the Insurrection Act, Trump has left the option open. Asked Sunday whether he might use it in the future, he replied, "Depends on whether or not there's an insurrection."
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