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The Herald Scotland
13 hours ago
- Politics
- The Herald Scotland
Trump's National Guard immigration enforcement could divide states
Guard troops under state authority are not subject to laws barring the military from directly participating in civilian law enforcement activities. The Trump administration, according to CNN, is assessing whether DHS can send requested National Guard troops sourced from red states -- such as from Republican Gov. Greg Abbott's Texas -- into blue states like California, where Democratic Gov. Gavin Newsom is unlikely to authorize his troops to support DHS/ICE under state orders. Stephen Miller, the White House's deputy chief of staff for domestic policy, has previously floated the idea of such deployments. "You go to the red state governors and you say, 'Give us your National Guard.' We will deputize them as immigration enforcement officers," Miller said in a 2023 podcast interview with conservative activist Charlie Kirk. "If you're going to go into an unfriendly state like Maryland, when then it will just be Virginia doing the arrest in Maryland." Legal experts and former DHS officials who spoke with USA TODAY emphasized the unprecedented nature of such a proposal. John Sandweg, an attorney who served as ICE's acting director and as acting general counsel for DHS, said using the Guard for interior enforcement in unwilling states would "push the envelope of the idea of the state militia and National Guard." Sandweg said such an arrangement would be "very consistent with everything we're seeing" from the Trump administration, which relied on an obscure law only used once before (to break a U.S. Postal Service strike in 1970) when Trump overrode Newsom and took control of a significant portion of the California National Guard. The DHS request, if filled, would also radically depart from the Guard's historical role in immigration enforcement, which has been limited to border security under every administration since that of former President George W. Bush. The White House referred USA TODAY to DHS, which did not immediately respond to an inquiry. The Pentagon did not respond to a query from USA TODAY. "We very much support President Trump's focus on defending the homeland on our southern border, as well as supporting law enforcement officials doing their job in ICE in Los Angeles," Defense Sec. Pete Hegseth said at a June 11 Senate Armed Services Committee hearing. Return of ICE partnership program The DHS proposal called for the 20,000 National Guard troops operating under what is known as Title 32 authority. In that situation, the federal government picks up the tab but governors retain command authority. But the request memo, which USA TODAY obtained, specifies that the Guardsmen would then work for ICE through a partnership program known as 287(g). In recent months, the Trump administration has dramatically increased ICE's reach through the 287(g) partnership program by reestablishing its "task force" model. ICE confirmed receipt of questions from USA TODAY regarding the 287(g) program but did not respond before publication. The 287(g) program, which began in 1996, allows DHS and ICE to delegate immigration enforcement authority to local and state law enforcement agencies, whose officers then receive training from ICE. The state and local authorities are "deputized to enforce certain aspects of immigration law," according to Texas A&M law professor Huyen Pham. Once qualified, participating personnel from local/state agencies with task force agreements can join up with ICE-led immigration enforcement task forces, according to the agency website. But concerns over racial profiling by partner agencies and relative inefficiency compared to other programs led DHS to terminate all task force agreements during the Obama administration. The Trump administration has rapidly revived the model. Publicly available ICE data shows that between Inauguration Day and June 12, the administration inked 287(g) task force partnerships with 338 new local and state law enforcement agencies. That includes four states where the National Guard's state leader has signed an ICE task force agreement: Texas, Florida, Louisiana (via its parent agency, the Louisiana Military Department) and West Virginia. More: More than 600 local police agencies are partnering with ICE: See if yours is one of them It's unclear what specific roles Guard troops from those states play alongside DHS, though Florida Gov. Ron DeSantis included the Florida National Guard in a list of agencies he thanked for their role in an April series of statewide immigration raids. But whether 287(g) task force participants can operate across state lines is another, legally untested matter. Joe Maher, who was the top career lawyer in DHS from 2011 to 2024, said interstate use of the authority was "never proposed" during his time with the department. Pham described the idea as "uncharted territory." Although Trump during his first administration deployed red state National Guard troops in state-controlled status into Washington, D.C. to quell civil unrest in June 2020, without the consent of local officials, experts believe there are constitutional problems with federal task forces taking state-controlled Guardsmen into unwilling states. But some, including legal scholars from New York University's Brennan Center, have argued a potential loophole exists unless Congress bans using the National Guard to enforce the law in other states without gubernatorial consent. Citing Alexander Hamilton's writing in the Federalist Papers, Maher said the framers "didn't think of having one state's militia or National Guard ... do law enforcement in another state that does not want that to happen." The Insurrection Act One state's adjutant general, who requested anonymity to discuss future operations, said he believes the administration is unlikely to take National Guard troops into unwilling states unless the Insurrection Act is invoked. The Insurrection Act allows the president to use active duty troops -- including National Guard members federalized under presidential authority, as 4,000 members of the California National Guard currently are -- to directly enforce laws without restriction. At that point, state consent largely wouldn't influence deployment decisions. Trump directed the Pentagon and DHS to study using the act for immigration enforcement in an executive order signed the first day of his second term. Although he has not invoked the Insurrection Act amid the anti-ICE protests or the ongoing deportation push, Trump said he would consider doing so if ongoing unrest worsened. Former Rep. Bill Enyart, D-Illinois, a retired two-star general who led the Illinois National Guard, said using the Insurrection Act for a deportation push would be "an overreach by the federal government." Enyart, also an attorney, argued that previous invocations of the law to override governors -- such as when President John F. Kennedy federalized the Alabama National Guard to enforce racial integration at the University of Alabama -- were "defending the civil rights" of the states' citizens. "This is pretty clearly a different situation," Enyart said. Contributing: Tom Vanden Brook and Francesca Chambers, USA TODAY
NDTV
09-06-2025
- Politics
- NDTV
US National Guard Deployed In Los Angeles: What Threats Do They Counter
What started as simmering outrage over federal immigration raids turned into a full-blown standoff in Los Angeles on Sunday. On its third day, the protests spiralled into chaos, self-driving cars were set on fire, a major freeway was shut down, and over 120 people were arrested. Police responded with tear gas and rubber bullets as tensions ran high. Then came the flashpoint: US President Donald Trump deployed 2,000 National Guard troops to the city despite the objections of California Governor Gavin Newsom. What Is The US National Guard? The US National Guard is a part-time military force that serves both state and federal governments. Each state has its own Guard units, which can be activated by the governor for local emergencies, like wildfires, floods, or protests, or by the President for national missions, including overseas deployments or domestic unrest. The Guard is made up of two branches: the Army National Guard and the Air National Guard, totalling over 430,000 personnel. It operates under two legal frameworks, Title 32, where the governor is in charge (often for disaster response), and Title 10, where the President takes command (for federal missions). Why Are National Guard Troops In Los Angeles? Trump deployed the National Guards in direct response to widespread protests following a series of controversial ICE raids across Los Angeles. Immigration enforcement officers targeted workplaces such as Home Depots, a doughnut shop, and a warehouse. Trump justified the troop deployment as necessary to "address the lawlessness" in California. By federalising the National Guard under Title 10, he placed them under his command, bypassing Governor Newsom, who normally controls the state's Guard. "We're not going to let this happen to our country. We're not going to let our country be torn apart like it was under Biden," Trump said Sunday. What Threats Are They Responding To? The National Guard is not directly engaging in law enforcement. Their said role is to protect ICE officers and guard federal facilities, including a downtown detention centre where some detained immigrants were taken. Protesters reportedly hurled rocks and concrete at federal agents, damaged property, including setting self-driving cars on fire, and clashed with police, prompting officers to use tear gas, rubber bullets, and flash bangs to control the crowds. Authorities have warned of growing public safety threats, describing the protests as being driven by "violent, insurrectionist mobs" and even suggesting possible cartel involvement. To prevent further unrest, Guard troops are now stationed outside key federal buildings, especially ICE facilities, to protect them from damage and block protesters from breaching federal grounds. "There's nothing these troops will be allowed to do that, for example, the ICE officers against whom these protests have been directed could not do themselves," wrote Georgetown law professor Steve Vladeck. What Is The Legal Basis? The Insurrection Act, an 18th-century law, allows US presidents to use military force during rebellion or unrest, but Trump hasn't invoked it. Instead, he relied on another statute that allows the president to federalise National Guard troops in emergencies. This places them under federal command, though the law says such orders should go through the state's governor, a step Trump skipped. "Purposely inflammatory and will only escalate tensions," Gavin Newsom said of the deployment. Past Precedents In 1957, US President Dwight Eisenhower sent federal troops to enforce school desegregation in Little Rock, Arkansas. In 1992, President George W Bush invoked the Insurrection Act during the Los Angeles riots following the Rodney King verdict. More recently, in 2020, Trump, in his first term, requested National Guard units from various states to respond to protests in Washington, DC, after the killing of George Floyd. What sets the current situation in Los Angeles apart is the deployment of troops over the objection of the state's governor, a legally murky and highly unusual move.
Hindustan Times
08-06-2025
- Politics
- Hindustan Times
LA riots: Can President Trump deploy the National Guard? All about the Insurrection Act
Tom Homan, President Donald Trump's border czar, announced plans to deploy the National Guard to Los Angeles in response to protests against ICE following immigration raids in the city. In a Fox News interview, Homan said, 'We are making Los Angeles safer. Mayor Bass should be thanking us. She says they are going to mobilize—guess what? We are already mobilizing. We are going to bring the National Guard in tonight.' California Governor Gavin Newsom quickly pushed back, calling Homan's remarks 'purposefully inflammatory.' 'The federal government is moving to take over the California National Guard and deploy 2,000 soldiers. That move is purposefully inflammatory and will only escalate tensions,' Newsom wrote on X. 'LA authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need,' he added. 'The Guard has been admirably serving LA throughout recovery. This is the wrong mission and will erode public trust.' The authority to deploy the National Guard depends on whether the situation is a state or federal matter. State Authority: As the commander-in-chief of the California National Guard, Governor Gavin Newsom has the primary authority to deploy the Guard for state-level emergencies, such as natural disasters, riots, or other public safety needs. This is done under state active duty or Title 32 status, where the state retains control and typically covers the costs. For example, during the 1992 Los Angeles riots, Governor Pete Wilson deployed the California National Guard to restore order. Federal Authority: The President or the Secretary of Defense can federalize the National Guard under Title 10 status for national emergencies, homeland defense, or federal missions. This shifts control to the federal government, which then funds the deployment. The President can also invoke the Insurrection Act of 1807 to deploy federalized National Guard units or federal troops. This is done when state authorities are unable to manage civil unrest or if federal laws are violated. This happened in 1992 when President George H.W. Bush invoked the Insurrection Act to send federal troops to assist in Los Angeles during the riots.
Yahoo
03-06-2025
- General
- Yahoo
Fatal tractor crash prompts farm road safety push
VERMILION PARISH, La. () — Late May, a with a sugarcane tractor claiming the life of Michelle Seaton of Maurice put road safety in the spotlight months before sugarcane season began. 'I think this is an important topic, especially during the spring and in the fall of the year, when we have planning and harvesting,' said Ron Czajkowski, the Safety Coordinator with Acadiana Region Destination Zero Deaths. 'In certain particularly rural areas of the southern part of our state and in Acadiana we can expect to see agricultural equipment on our roadways.' In Louisiana's Highway Regulatory Act, which is Title 32 there are exceptions in the law that allow these vehicles to be on roadways, and the only exception to that is interstate highways. 'Given that you can expect to see, particularly in rural areas, on rural roads and highways, you can kind of expect to see these vehicles pulling their equipment around and it can present some unique issues for other drivers,' Czajkowski said. 'Given that, we know ahead of time that they can be there, and taking precautions on both sides can prevent situations from having an impact and turning into something tragic like what happened recently.' Close Thanks for signing up! Watch for us in your inbox. Subscribe Now From a driver's perspective in these areas, it is said to be mindful, and if you do come across agricultural equipment, whether it's in the form of a tractor pulling equipment, a truck or an 18-wheeler, be mindful that these vehicles are going to be coming in and out of what may be an open field. 'First be mindful that these vehicles don't operate well on roads,' he said. 'They're designed for fields and off-road. So be aware that they're going to be moving much slower. Reduce your speed. Practice patience. Don't tailgate these vehicles because they're going to be making maneuvers and moves that aren't like a regular motor vehicle. If you are practicing patience and slowing your speed. That will help a lot.' Farmers operating agriculture equipment have responsibilities as well. 'We ask that before you even get on the roadway, you inspect your equipment. Both the vehicle that you're going to be using to pull equipment with and the equipment making sure that at the very least, it isn't going to break down on the roadway and cause unnecessary issues,' he explained. 'Make sure the lights that you're required to have, are working. Make sure that all the tires are inflated where they need to be, make sure that it's roadworthy and be mindful of the circumstances that you are operating the vehicle in. Because at any given time a piece of equipment can become so wide, it's going to take up the entire roadway to navigate. We don't want these pieces of equipment interacting with bridges or other abutments or other structures or signs or anything, and we certainly don't want these pieces of equipment interacting with other motor vehicles. We want everything to be as safe as possible.' Lastly Czajkowski asks people to be aware now that most of the crops are in, there is going to be sporadic equipment being moved here and there but come fall, particularly with cane harvest, there are going to have multiple vehicles back out on the road, which really changes things. As those vehicles are coming out of these fields, they're dragging earth, which can turn into mud, changing the roadway conditions. 'The good thing is, we don't see this often, but it doesn't mean it can't happen. So first, being aware and taking the necessary precautions on both sides of what's going to work best,' he said. The crash is still under investigation. A GoFundMe account for the Seaton family can be found here. United Way rallying businesses to become drop-off locations for school supply drive Weather Service rehiring at offices left 'critically understaffed' by layoffs Fan reportedly struck by falling concrete at Dodger Stadium Fatal tractor crash prompts farm road safety push Senators itching for Trump green light to move on Russia sanctions Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
16-05-2025
- Politics
- Yahoo
DHS requests 20,000 National Guard members to help with immigration enforcement
The Department of Homeland Security has requested 20,000 National Guard members to help with immigration enforcement across the US, a department spokesperson told CNN on Friday. 'The Department of Homeland Security will use every tool and resource available to get criminal illegal aliens including gang members, murderers, pedophiles, and other violent criminals out of our country. The safety of American citizens comes first,' DHS Assistant Secretary Tricia McLaughlin said in a statement. The request, which is under review by the Pentagon, is part of a renewed push by the Trump administration to ramp up arrests of undocumented migrants and fulfill President Donald Trump's mass-deportation campaign promise, sources told CNN this week. The effort will include tapping Border Patrol agents to fan out nationwide and comes as the Justice Department has begun intensifying its crackdown on immigration-related crime in cities across the country. Trump officials have been frustrated with the slower pace of interior arrests of undocumented immigrants across the country, CNN has reported, and there have been some tense calls about it between the White House and Immigration and Customs Enforcement, multiple sources said. But interior arrests often require significant manpower and resources — more than are needed when detaining migrants as they cross the border, which is why the administration is now trying to recruit additional personnel, including thousands of extra Guardsmen, for the task. The National Guard units are also expected to help the Border Patrol agents in states where governors have given permissions, since the Guard units would be operating on state rather than federal orders under Title 32 authority, a Defense Department official previously told CNN. Under the plan, states would deputize their National Guard under appropriate authorities, similarly to what Texas Governor Greg Abbott did in 2021 when he began deploying thousands of state troopers and Texas National Guard members to the border to help with immigration enforcement. Earlier this year, US Customs and Border Protection and the Texas National Guard entered a memorandum of understanding to grant certain Texas Guard personnel immigration authority under the supervision of CBP officials. The National Guard units helping with the immigration enforcement are expected to bolster arresting teams on the ground and provide what's known as 'force protection,' a source told CNN. A defense official previously told CNN that the Guard is not expected to help with arrests and will only be playing a supporting role. Technically, however, because the Guard units will be under state command and control instead of federal, the units are not subject to the law that prohibits the military from conducting domestic law enforcement known as the Posse Comitatus Act, according to the Brennan Center. The US military has deployed thousands of additional troops, including active-duty forces, to the southern border in recent months, but they have been doing patrols, building barricades and providing logistical support to DHS — not conducting arrests. Active duty forces operating under federal, or Title 10, authority are not permitted to engage in domestic law enforcement unless the president invokes the Insurrection Act. Last month, the Pentagon and DHS decided against recommending that Trump invoke the Insurrection Act for now, CNN reported at the time. The agencies told Trump that border crossings were low and that they did not need more authorities at that point to help control the flow of migrants, officials said. CNN's Holmes Lybrand contributed to this report.
