Marines, National Guard in LA can detain Americans
The troops have been authorized to detain anyone who interferes with immigration raids


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."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
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."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
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.
-
Can Trump put his tariffs on stronger legal footing?
Today's Big Question Appeals court says 'emergency' tariffs are improper
-
Film reviews: The Roses, Splitsville, and Twinless
Feature A happy union devolves into domestic warfare, a couple's open marriage reaps chaos, and an unlikely friendship takes surprising turns
-
Thought-provoking podcasts you may have missed this summer
The Week Recommends Check out a true crime binger, a deep-dive into history and more
-
US kills 11 on 'drug-carrying boat' off Venezuela
Speed Read Trump claimed those killed in the strike were 'positively identified Tren de Aragua Narcoterrorists' shipping drugs to the US
-
Trump vows to send federal forces to Chicago, Baltimore
Speed Read The announcement followed a California judge ruling that Trump's LA troop deployment was illegal
-
Epstein files: Maxwell courts a pardon
Feature A new prison transcript shows Ghislaine Maxwell praising Trump as 'a gentleman' while denying his involvement in the Epstein scandal
-
Pentagon readies military deployment in Chicago
Feature The Pentagon is preparing to deploy thousands of Illinois National Guard members to Chicago after Trump threatened to send troops into other major cities
-
Trump reignites Jan. 6 furor by awarding military honors to killed rioter
IN THE SPOTLIGHT With military funeral honors for Ashli Babbitt, the president makes good on campaign promises designed to animate his political base while relitigating history
-
'Is it OK to be happy when the world is falling apart?'
Instant Opinion Opinion, comment and editorials of the day
-
Trump crypto token launch earns family billions
Speed Read The World Liberty Financial token is now the Trump family's 'most valuable asset'
-
Lisa Cook and Trump's battle for control the US Fed
Talking Point The president's attempts to fire one of the Federal Reserve's seven governor is represents 'a stunning escalation' of his attacks on the US central bank