
Department of Homeland Security (DHS) Secretary Kristi Noem reportedly asked Defense Secretary Pete Hegseth to have the military make arrests in Los Angeles, a move that would go against the Posse Comitatus Act, which prevents the U.S. military from conducting civilian law enforcement unless authorized by Congress.
The request, reported by the San Francisco Chronicle, took place one day before the Trump administration announced the deployment of 700 Marines to the city, marked by protests against immigration enforcement operations since Friday.
The letter in questions requests the Pentagon to give "direction to DoD forces to either detain, just as they would at any federal facility guarded by military, lawbreakers under Title 18 until they can be arrested and processed by federal law enforcement, or arrest them." The official also asked for "drone surveillance support," as well as weapons and logistics assistance.
Experts interviewed by the outlet said the Trump administration could be moving to circumvent laws preventing the military from civilian law enforcement by invoking the Insurrection Act. The last time the Insurrection Act was used was in Los Angeles in 1992 during the riots that followed the Rodney King beating and trial. Back then, Governor Pete Wilson requested military aid from President George H.W. Bush.
Noem added that law enforcement agents from ICE, CBP and FPS need support "as they defend against invasive, violent, insurrectionist mobs that seek to protect invaders and military aged males belonging to identified foreign terrorist organizations, and who seek to prevent the deportation of criminal aliens."
Syracuse University professor William Banks told the outlet that the letter is a "grave escalation" and could "presage the invocation of the Insurrection Act." Expert Stephen Dycus added that the move could also be "viewed as part of a larger effort to frighten people who otherwise would exercise their first amendment guarantee of free speech and protest."
Los Angeles Mayor Karen Bass said the situation in Los Angeles could be a "test case for what happens when the federal government moves in and takes the authority away from the state, or away from local government."
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