National Guard Deployment Sparks Accusations of Trump Overstepping the Law

Without the approval of California Governor Gavin Newsom, United States President Donald Trump ordered nearly 5,000 troops to the state. U.S. law strictly regulates the deployment of troops for domestic civil affairs.

On Monday (9/6/2025) evening Los Angeles time or Tuesday morning WIB, Trump ordered the deployment of an additional 2,000 National Guard members to Los Angeles and its surroundings. Previously, starting Sunday, 1,700 National Guard members and 700 Marines had been deployed to Los Angeles, California.

LA is currently experiencing unrest related to protests against the arrest of immigrants. San Francisco, a city in California located 500 kilometers northwest of LA, is also shaken by protests over similar issues. Cities in several other states are also experiencing protests regarding immigrants.

Trump's decision has drawn criticism, with accusations that it is a dictatorial action. Newsom emphasized that he never requested the deployment of the National Guard. He alleged that the deployment is unlawful and should be revoked. He also called for the control of the National Guard to be returned to the state.

U.S. law states that deployment must be requested by the state governor. "That action is a serious violation of state sovereignty," he said.

The government of California is now suing Trump and Secretary of Defense Pete Hegseth. They are accused of violating the authority of the state government. California is requesting that the Department of Defense (Pentagon) withdraw the National Guard.

Los Angeles Mayor Karen Bass stated that, despite the unrest in LA, the situation remains under control. This is because the incidents occurred only in a few locations that can be managed.

Bass stated that LA has become a trial for the federal government to seize the authority of local governments. He refuted claims that LA is being overwhelmed by illegal immigrants and criminals. Everything was fine until the federal government intervened by deploying troops.

Currently, the National Guard troops are not in contact with the protesters. They are tasked with guarding vital federal facilities in LA.

The protests and riots were handled by local police. In the middle of the coverage, police forced the CNN crew to leave the protest site. Some of the crew were even arrested.

"Place your hands behind your back," said a police officer to CNN journalist Jason Carrol, who was broadcasting live in LA. The CNN team complied with the order and was then taken away by the police from the reporting location.

For Col. (ret.) Kurt Schlicter, Trump acted lawfully. “The president has considerable authority, including statutory authority, to deploy federal military forces to assist in a mission like this,” the now-LA-based attorney told FoxNews.

During the LA riots in 1992, he was one of the National Guard members deployed to quell the unrest. At that time, President George HW Bush used the Insurrection Act as the basis for the deployment of the National Guard to LA.

Indeed, Schlicter continued, there remains a legal debate regarding the deployment of the National Guard to address the unrest. This deployment is viewed as a manifestation of military use for the enforcement of civil law.

On this issue, the US has a rule called the Posse Comitatus Act. Passed in 1878, the law essentially requires parliamentary approval as a basis for deploying the military to engage in civil law enforcement. Civil law enforcement, according to the law, prioritizes local officials and resources.

Military involvement in civilian law enforcement always carries significant risks. Therefore, the Posse Comitatus Act needs to be amended to further limit military involvement, according to a study by the Brennan Center for Justice, an institute at the Law School at New York University.

Although classified as reserves, the National Guard is part of the U.S. military. Recruitment and training are under the authority of the federal government. However, deployment must be based on a request from the governor.

This is because National Guard members are civilians on a daily basis. They are only in the military on a specific schedule.

The deployment process begins with the governor requesting assistance from the president. Subsequently, the president instructs the Minister of Defense to mobilize the National Guard in the state from which the request originated.

Everyone who receives a mobilization call must report immediately to the local headquarters. They will be assigned to the Army and Air Force. The deployment of the National Guard typically occurs only when a city or state is experiencing insurrection.

For LA, Trump utilized Code 10 from the US Code. This code regulates matters concerning the armed forces. The President can deploy troops, in this case, members of the National Guard, to protect federal assets and employees. The reason is that immigration officers and federal buildings have become targets of unrest related to protests against the deportation of illegal immigrants.

The protest began as the community opposed Trump's decision to crack down on and deport illegal immigrants. Several U.S. citizens from communities of color became victims of wrongful arrests by ICE agents. The same applies to students and foreign workers who are in the U.S. with valid residency permits.

At several points, the protests escalated into riots. The rioters set fire to Waymo's driverless taxi and broke the windows of shops. The riots have been quelled by the police, who arrested 42 perpetrators.

University of California Berkeley Law School Dean Erwin Chemerinsky said there is no legal basis for Trump to deploy the California National Guard and order the military to intervene in domestic affairs. “Protests against the behavior of Immigration and Customs Enforcement (ICE) cannot be classified as an insurrection or an attempt at treason,” he wrote in an opinion column for the LA Times.

The chaos in LA, according to Cheminsky, has not reached the stage of treason. He said Trump violated the Posse Comitatus Act. "All parties say that the executive, legislative, and judicial governments in California and LA are still functioning well. This proves that there is no paralysis or treason emergency," he explained.

Cheminsky stated that there are gray areas that are at risk of being misused. The Anti-Rebellion Law has been in existence for 200 years. It does not contain detailed explanations regarding rebellion, treason, and domestic violence. There is neither a definition nor an official boundary concerning the scale of these issues.

The law has never been revised because it has rarely been used. Until now, it has always been the courts at the regional or state level that define whether a situation has escalated to a public threat and whether the government should intervene or not.

A similar view is also held regarding the deployment of 700 marines to LA. The move was deemed excessive by legal experts. The Pentagon's actions violate the Posse Comitatus Act.

As stated by Schlicter, this is not the first time the National Guard has been deployed to address unrest in LA. Following the acquittal of four white police officers who assaulted Rodney King, a Black man, LA experienced riots in 1992.

The decision was accused of being unjust and rife with racial discrimination. Protests erupted, culminating in riots that lasted for six days. Among the victims, 60 people were killed and 2,000 others were injured.

Damage has been recorded in 1,000 buildings with losses amounting to 1 billion US dollars. There are 4,000 fire hotspots. Local police are struggling to control the situation.

So California Governor Pete Wilson and LA Mayor Tom Bradley contacted President Bush. They asked the White House to order the Pentagon to deploy the California National Guard. “We are assisting the state and city, as they requested, to enforce the law and stop this tragedy,” Bush was quoted as saying by Time magazine on April 29, 1992.

The situation was successfully stabilized as of May 4, 1992. Public services, including banks, were reopened. The National Guard remained on standby until May 14 and then returned to their respective locations. Meanwhile, the troops sent by the Pentagon specifically for additional security forces returned to their barracks since May 9.

If LA 1992 had requests from the regions, then LA 2025 is reminiscent of the events in Montgomery, Alabama in 1965. President Lyndon B. Johnson informed Alabama Governor George Wallace about the deployment. "I am mobilizing the National Guard to ensure that you fulfill your obligations as a government," read Johnson's telegram to Wallace.

On March 20, 1965, human rights activist Martin Luther King Jr. led a peaceful demonstration in defense of the rights of African Americans in the United States. King and his supporters, including white citizens, prepared to march on foot from the city of Selma to Montgomery in Alabama. This action had already been approved by the federal court of Alabama.

Wallace disagrees with the idea of equal rights for white and black individuals. He supports the separation of rights for white citizens and citizens of color.

Therefore, although the court allowed the action of King Jr, Wallace stated that he would not guarantee the participants of the action. The police would not intervene if the parade were attacked by other parties.

Johnson did not remain silent. He repeatedly reminded Wallace, as governor, to protect all citizens. Wallace did not respond. Therefore, Johnson deployed the National Guard.

Johnson stated that the local government's refusal to protect its citizens based on racial differences and political affiliations is a rebellion against American democracy. Furthermore, the assessment of the situation indicates the risk of violence erupting as a result of attacks on protesters by racial groups.

This risk was used by Johnson as a basis to activate the Anti-Rebellion Act. He also ordered the Pentagon to deploy the Alabama National Guard and patrol the streets from Selma to Montgomery.

According to the US Public Media archive (APM), Johnson had been trying to persuade Wallace to tighten security as early as March 18, 1965. He warned Wallace that deploying the National Guard was a last resort that the White House would not like. However, Wallace did not budge, and Johnson acted.

Before 1965, President Dwight Eisenhower also deployed the National Guard in 1957. The background of the issue also pertains to racism and segregation. The Arkansas State Court ruled that separating schools and the education system based on skin color is unlawful.

Similar to Wallace, Arkansas Governor Orval Faubus was also a racist. He ordered schools to close their doors to students of color. Riots broke out in the city of Little Rock when parents of color demanded that schools fulfill their children's right to education.

Eisenhower ordered Faubus to comply with the court's decision, but Faubus refused. Eisenhower then implemented the Anti-Rebellion Act on the grounds that the state executive was undermining the judiciary and human rights.

The Arkansas National Guard was deployed in September 1957 to guard schools. They were tasked with ensuring that students of color received their right to an education and were not discriminated against. They served until the end of the 1957-1958 school year. (AP/AFP)