The Trump administration argued in federal court on Wednesday that judicial intervention to reduce the deployment of troops in Los Angeles would put federal immigration agents at risk and undermine the president’s authority to keep American cities safe.
President Trump’s lawyers called for a temporary detention order Tuesday, banning the developments that “put America’s lives at risk” amid violent protests over immigration attacks in the city.
If they wrote, the restraining orders would prevent Trump from “exercise his legitimate statutory and constitutional power.”
“There is no mob veto over federal law enforcement,” they wrote. “And the President will have all rights under the Constitution and call on the National Guard and the Marines to quell the lawless violence directed at enforcement of the law.”
If it hinders the deployment of the administration’s military, the lawyers argued, “it’s going to be constitutional disgust. That’s dangerous.”
The administration was responding to California’s demand that US District Judge Charles R. Breyer issue a restraining order to deploy Trump and Secretary of Defense Pete Hegses to Los Angeles to deploy thousands of National Guard and hundreds of Marines.
The forces were deployed without the request or approval of the Gavin Newsom government or city leaders. They called for a move to increase tensions rather than unnecessary and politically motivate their presence and not to increase tensions on the streets.
Trump and other executives have defended the deployment when necessary, with the president’s lawyers filed Wednesday alleging that US immigration and customs enforcement agencies and other federal agents were targeted in violent attacks, causing federal facilities to be killed.
They also said local police had admitted that things had gone out of control and that their response was insufficient to restore order.
Trump’s lawyers included a written declaration in their opposition from Ernesto Santa Cruz Jr., field office director of the ICE Enforcement and Removal Operations Unit in Los Angeles. He described federal agents facing raids in the clothing district near the Home Depostore in Paramount, as well as violence from protesters at a safe ice processing facility in downtown.
Santa Cruz said federal immigration officials are also spreading personal information online by protesters, and efforts by the Los Angeles Police Department, the Los Angeles County Sheriff Department and the California Highway Patrol have not been sufficient to restore and address the threat on the streets.
“Even though LAPD, LASD and CHP are all involved in the continuing law enforcement activities, I think the safety and safety of local federal facilities for those who are engaged in immigration enforcement work in this area of responsibility requires additional talent and resources,” Santa Cruz wrote.
Administration debate could have an impact elsewhere if adopted by the court. Similar demonstrations have erupted against immigration attacks across San Francisco and Santa Ana, as well as across the country, including Atlanta, Boston, Chicago, Dallas, Houston, New York and Seattle. More protests were scheduled to coincide with a massive military parade in Washington on Saturday.
Newsom and California Atty. General Rob Bonta first filed a lawsuit over the development of LA on Monday, claiming that they were unconstitutional under the 10th Amendment. It violates national sovereignty and violates clear federal laws that restrict the use of military forces for domestic police.
They said Tuesday that a restraining order is needed in emergencies to prevent “immediate and irreparable harm” to the state, and the Trump administration alleged that the troops were “intended to accompany federal immigration enforcement officials on the attacks across Los Angeles.”
Bonta said Trump is using military personnel as “political pawns” to “create conflicting situations.” Newsom said the federal government is turning its troops against American citizens in a way that “threate the very core of our democracy.” Trump “behaves like a tyrant, not a president,” he said.
Constitutional scholars and members of parliament have also raised concerns about administrative agencies deploying military assets to quell street protests, suggesting that such tactics are most commonly used by authoritarian strongmen and dictators.
A coalition of 18 other state attorney generals issued a statement on Wednesday in support of the Bonta and California lawsuits, calling Trump’s decision to deploy the military without the consent of California leaders “is illegal, unconstitutional and undemocratic.”
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In response to California’s request for a restraining order on Wednesday, the president’s lawyer said Los Angeles’ military forces were not engaged directly with police, and state officials had zero evidence suggesting they weren’t.
“Neither the National Guard nor the Marines are engaged in law enforcement. Rather, they are consistent with the inherent protective forces that protect law enforcement and provide long-standing practices and the safety of federal property and personnel,” wrote Trump’s lawyers.
A hearing on the state’s request for the detention order is scheduled for Thursday at 1:30pm. This result could affect how federal resources will be deployed in future demonstrations in LA and beyond.
The administration said immigrant attacks will continue across L.A. and across the country. Trump warned that protesters appearing at Washington’s military parades will “meet by gravity.”
According to the administration, the parade marked the 250th anniversary of the US military, but critics describing it as an authoritarian show of Trump’s Strongman Power.
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