Marines, National Guard in LA can detain Americans

Protesters in Los Angeles County — Some experts say the 'goal' may be to 'get Americans used to seeing troops in the streets of major cities'

(Image credit: David McNew / Getty Images)

What happened

The 700 Marines and 4,100 National Guard members President Donald Trump has deployed to Los Angeles, over the objection of state and local officials, have been authorized to detain but not arrest anyone who interferes with immigration raids or harasses federal agents during protests, military officials said Wednesday. The Marines are undergoing mission-specific training and will join National Guard members — some of whom are already accompanying ICE on the workplace raids that triggered the protests — within two days.

Who said what

Defense Secretary Pete Hegseth, testifying at a Senate budget hearing Wednesday, "insisted the Pentagon's deployment of troops to Los Angeles was lawful," Politico said. "He just couldn't cite the law he was following."

Trump has not "initiated the Insurrection Act, so active-duty military would not be allowed to conduct any kind of law enforcement activity," and "detaining somebody could be considered an act of law enforcement," retired Marine Lt. Col. Gary Barthel, a former judge advocate general, told Military.com. And "The only justification for doing it is if you're trying to suppress people's right to protest the government's policies. And that's something that's done in China, Russia and North Korea, but it shouldn't be done in the United States."

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Since returning to office, Trump has, "step by step, expanded domestic use of the military," testing "legal and political limits," The New York Times said. Some former military officials and other experts believe the "goal" may be to "get Americans used to seeing troops in the streets of major cities," allowing Trump to use the military to "quell unrest and dissent." Trump "promised to carry out the largest mass deportation campaign in American history and left-wing riots will not deter him in that effort," White House press secretary Karoline Leavitt said Wednesday.

What next?

A federal court in San Francisco will hold a hearing Wednesday on California's request for a restraining order against Marines and Guard members participating in law enforcement. Gov. Gavin Newsom (D) has sued to void Trump's deployment. As protests against ICE raids spread across the U.S., Hegseth told senators he could send troops to more cities "if there are other riots in places where law enforcement officers are threatened."

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.