California will face off with the Trump administration in court on Thursday over the deployment of U.S. troops in Los Angeles after demonstrators again took to the streets in major cities to protest President Donald Trump's immigration crackdown.
Some 700 U.S. Marines will be on the streets of Los Angeles by Thursday or Friday, the military said, to support up to 4,000 National Guard troops in protecting federal property and federal agents, including on immigration raids.
Trump's decision to dispatch troops to Los Angeles over the objections of California Governor Gavin Newsom has sparked a national debate about the use of the military on U.S. soil.
A federal judge in San Francisco will hear arguments on Thursday as part of California's lawsuit against Trump. The state is requesting a temporary restraining order to block the troops' participation in law enforcement activities.
Americans will see a split screen image on Saturday of U.S. troops on the streets of two major cities: Los Angeles, where troops are guarding federal buildings, and Washington where soldiers, accompanied by tanks and other armored vehicles, will rumble down Constitution Avenue in a rare public display of military might to celebrate the Army's 250th birthday.
Mostly peaceful street protests so far have taken place in multiple cities besides Los Angeles including New York, Chicago, Washington and San Antonio, Texas.
"Los Angeles was safe and sound for the last two nights. Our great National Guard, with a little help from the Marines, put the L.A. Police in a position to effectively do their job," Trump posted on social media on Thursday.
State and city officials say Trump is exaggerating what is happening in the city and that local police have the situation under control. The protests have been largely orderly but occasionally punctuated by violence, mostly contained to a few blocks.
Police said demonstrators at one location threw commercial-grade fireworks and rocks at officers on Wednesday night.
Another group of nearly 1,000 demonstrators was peacefully marching through downtown when police suddenly opened fire with less lethal munitions in front of City Hall.
Los Angeles Police Department Chief Jim McDonnell, in an interview with CNN late on Wednesday, said the city was calmer and asserted that police were protecting people's free speech rights to protest while holding those intent on violence accountable.
LIMITS SOUGHT
Trump is carrying out a campaign promise to deport immigrants, employing forceful tactics consistent with the norm-breaking political style that got him elected twice.
The administration has circulated images showing National Guard troops protecting immigration agents who were arresting suspected illegal migrants.
California’s lawsuit ultimately seeks a ruling that would return California’s National Guard to the state’s control and a declaration that Trump’s action was illegal.
But Thursday's hearing will likely focus on the narrower issue of California's request for a temporary restraining order limiting the troops from patrolling beyond the vicinity of federal buildings or otherwise engaging in any law enforcement activities beyond protecting federal buildings or defending federal officials from harm on federal property.
The Trump administration said in a Wednesday court filing that the judge should not restrict the military’s activities in Los Angeles.
“Neither the National Guard nor the Marines are engaged in law enforcement. Rather, they are protecting law enforcement, consistent with longstanding practice and the inherent protective power to provide for the safety of federal property and personnel,” the administration wrote.
U.S. Army Major General Scott Sherman, who commands the task force of Marines and Guardsmen, told reporters the Marines will not load their rifles with live ammunition, but they will carry live rounds.
U.S. law, including the 1878 Posse Comitatus Act, generally forbids federal troops from participating in civilian law enforcement.
The federal law cited by Trump for the deployment in Los Angeles allows troops to protect federal agents who are carrying out law enforcement activities and to protect federal property.
It only applies, however, when the U.S. is under threat from a foreign invasion, rebellion, or a situation that prevents the enforcement of U.S. laws in the state. It requires the president to get the governor’s cooperation before calling in the National Guard, California's lawsuit contends.
