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How Trump Is Using the National Guard on U.S. Soil

On June 7, 2025, U.S. President Donald Trump ordered the deployment of 2,000 National Guard troops to Los Angeles, citing the need to reinforce security amid mass protests that erupted following immigration raids by ICE. According to the Wall Street Journal, the protests escalated into clashes with police and arson incidents, prompting federal authorities to activate military support to protect ICE agents and federal property.

Legal Basis: Title 10 vs. the Insurrection Act

The White House stated that the troops were activated under Title 10 of the U.S. Code—not the Insurrection Act of 1807. This legal distinction is significant.

What is Title 10?
Title 10 governs the federal use of U.S. Armed Forces. It allows the president to place a state’s National Guard under federal command—transferring authority to the Department of Defense. Under this status, troops are subject to the Posse Comitatus Act, which strictly limits military involvement in domestic law enforcement. Troops may only provide logistical, security, or support roles, as noted by The Guardian with reference to Pentagon clarifications.

The Insurrection Act, by contrast, enables direct use of military force to suppress insurrections or when a state is unable or unwilling to enforce federal law. According to AP News, Trump avoided invoking this act, possibly to minimize political backlash or avoid a formal conflict with the California state government.

Without State Approval

California Governor Gavin Newsom and Los Angeles Mayor Karen Bass strongly criticized the federal deployment. Bass stated the city can manage without “militarization,” while Newsom accused Trump of engaging in political theatrics, according to the Wall Street Journal.

Legal uncertainty arises because Title 10, particularly Section 12406, traditionally involves coordination with state governors. However, in cases of “national necessity,” the president can act without their approval—a loophole Trump has utilized, as noted by Georgetown law professor Steve Vladeck (The Guardian).

Objections from Experts and Civil Rights Groups

Civil rights organizations, including the American Civil Liberties Union (ACLU), expressed concern. They argue that the move could set a precedent for the use of military forces against American civilians without appropriate oversight. The ACLU emphasizes that even in support roles, the presence of troops during civil protests has a chilling effect on the right to assemble.

Professor Vladeck warned that any expansion of the Guard’s mandate—such as arrest authority—would constitute a violation of the Posse Comitatus Act and could be challenged in court.

What Are the Troops Doing in Los Angeles?

According to AP News, the National Guard is not engaged in protest suppression. Their mission is limited to protecting federal buildings, supporting logistics, and escorting ICE agents during operations. Pentagon officials clarified that these troops are not authorized to conduct arrests or use force against civilians.

Nevertheless, their presence alone has fueled political tensions and legal debate. As The Guardian reports, the deployment could intensify the broader conflict between federal authority and state autonomy.

Sources:
• The Guardian (06/07/2025) — “How can Trump use the National Guard on US soil?”
• Wall Street Journal (06/07/2025) — “Trump to Send 2,000 National Guard Troops to LA”
• AP News (06/07/2025) — “What to know about Trump’s deployment of the National Guard”

Illustrative image. AI-generated for editorial purposes only



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