A battle rages between the federal government and the sanctuary states and municipalities seeking to protect illegal aliens. Case in point: California Governor Gavin Newsom filed a lawsuit in federal court to stop President Trump from using the National Guard to protect federal officials and facilities. The governor might like to believe he alone has the authority to decide whether to deploy the National Guard and that the administration should first consult him. However, on June 19, a unanimous 9th US Circuit Court of Appeals declared otherwise.
National Guard Case Favors Trump
The 38-page ruling came down in favor of President Trump federalizing and deploying 4,000 California National Guard soldiers to protect Immigration and Customs Enforcement (ICE) agents and federal government facilities from marauding crowds of looters and out-of-control protesters. The three-judge panel from the 9th Circuit - consisting of two Trump appointees and one Biden appointee - voted unanimously to overturn the lower court’s decision by Clinton pick Judge Charles Breyer, who had ruled that Trump’s actions were illegal. All three appellate judges agreed to reverse Judge Breyer’s June 12 ruling that President Trump’s federalization and deployment of the National Guard was unlawful.
The president's authority to call out the National Guard is based on Title 10, United States Code, Section 12406. As The Daily Signal explained, the statute "allows the president to call the National Guard—which ordinarily falls under the purview of state governors—into federal service in three circumstances: invasion or threat of invasion, rebellion or threat of rebellion, and if the president cannot execute US law with regular forces." The Department of Justice used the third of the three standards to support its case for federalizing the Guard. When it was clear that the local and state law enforcement was "overwhelmed," attempting to quell the Los Angeles rioting, Trump activated the Guard units. Again, from The Daily Signal, "Immigration and Customs Enforcement had carried out raids to detain and deport illegal aliens, and agitators physically blocked them from doing so. Protests against the raids devolved into violence, as agitators attacked ICE agents, set vehicles ablaze, and looted retail stores."
In siding with the Trump administration, the 9th Circuit explained in its ruling: “Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States.’” Furthermore, the court countered Governor Newsom's claim that the Trump administration did not involve him. Secretary of Defense Pete Hegseth transmitted the order to call out the Guard through the adjutant general of the California National Guard, who is granted authority to "issue all orders in the name of the Governor," and this action would satisfy the requirement to coordinate with Governor Newsom.
The larger issue raised by the legal exercise is how far the federal court system's jurisdiction extends into matters of national security. How is it that a district judge can nullify an administration's contention that a situation is a national security imperative? Within its window of authority, the court system probably does not have the same level of expertise as the Department of Defense or the president when it comes to understanding the consequences of national security threats. During the Los Angeles riots, ICE agents were being threatened, and their sworn duties were being impeded. Additionally, the Edward R. Roybal Federal Building and US Courthouse were at risk from the destructive mob that had been looting businesses in downtown LA.
Trump Does Not Want History Repeating Itself
It wasn't so long ago that the images of mindless, roaming bands of enraged rioters destroyed nearly 100 buildings and damaged another 700 businesses and low-income housing during the 2020 "peaceful" protests in Minneapolis, Minnesota. President Trump did not intend for the scenes of burning buildings to be repeated in Los Angeles, and they weren't.
Protecting ICE agents while they round up and deport illegal aliens – including murderers, rapists, human traffickers, drug smugglers, and potential terrorists – is a matter of national security. In a perfect world, federal authorities would depend on local and state law enforcement to assist, coordinate with, and provide protection for US government employees as they perform these duties. Sanctuary cities like Los Angeles are painful evidence that we do not live in a perfect world. Blue-state governors and many US district courts have been going out of their way to obstruct those attempting to keep Americans safe. The 9th Circuit Court's ruling is a significant victory for the Trump administration.
The views expressed are those of the author and not of any other affiliate.
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