Newsom had asked U.S. District Judge Charles R. Breyer to grant the order by 1 p.m. on Tuesday, which did not happen. Instead, Breyer set a hearing date for 1:30 p.m. on Thursday to take up the request.
“The federal government is now turning the military against American citizens. Sending trained war fighters onto the streets is unprecedented and threatens the very core of our democracy,” Newsom said in a statement. “DonaldTrump is behaving like a tyrant, not a President.”
The governor said that the deployment was done against his wishes, and without consulting Los Angeles law enforcement officials who, Newsom said, already had the protests under control.
His remarks came after the president ordered the deployment of nearly 5,000 troops to the city. They were deployed to protect federal buildings but are now also protecting immigration agents as they carry out arrests.
California Attorney General Rob Bonta said that, under the state constitution, Newsom serves as commander-in-chief of the California National Guard.
This appears to be the first time in decades that a state’s National Guard has been activated without a request from its governor.
ICE said in a statement that the troops were providing security at federal facilities and protecting federal officers “who are out on daily enforcement operations.” The change moves troops closer to engaging in law enforcement actions like deportations as Trump has promised as part of the administration’s immigration crackdown. The Guard has the authority to temporarily detain people who attack officers, but any arrests ultimately would be made by law enforcement.
He said Trump’s decision to deploy the California National Guard without his support should be a warning to other states.
When did LA immigration protests start?
Federal agents arrested immigrants in LA’s fashion district, in a Home Depot parking lot and at several other locations on Friday. The next day, they were staging at a Department of Homeland Security office near another Home Depot in Paramount, which drew out protesters who suspected another raid. Federal authorities later said there was no enforcement activity at that Home Depot.
Though the protests were mostly peaceful, some incidents led to cars being destroyed in flames and visible clashes between some violent individuals and law enforcement officers.
Los Angeles Mayor Karen Bass on Tuesday evening announced a curfew for a very small section of the city that began at 8 p.m and ends at 6 a.m. The mayor said the curfew will be in place for several days and covers areas between Interstate 5 and Interstate 110, and from Interstate 10 where the highway and Interstate 5 merge.
What’s happening elsewhere?
Protests over immigration raids are happening in major cities throughout the country, including in San Francisco where several buildings were defaced with graffiti.
It was a small splinter group that split off from the larger demonstration that started vandalizing and damaging businesses in the Mission and along Market Street near Civic Center.
Is it legal?
Newsom and Mayor Bass said the military response was unnecessary. Trump did it anyway. But is it legal?
“The Posse Comitatus Act, which says that the military cannot act like a domestic law enforcement agency, that they cannot go in and enforce the law on U.S. soil,” Levinson said.
“He’s using his quote Title X power. And what does that allow? It allows the National Guard to only function in a support role,” Levinson said. “You can’t be the one executing warrants… but you can support federal agents and support federal property.”
The hearing is set for 1:30 p.m. on Thursday, June 12.
