Contributor: Stunts in L.A. show Democratic states and cities that Trump’s forces can invade anytime
At the beginning of this month, US military and masked federal agents from migration and customs conservations and customs and border protection invaded A park near Downtown Los Angeles – ironicly, a park named after General Douglas Macarthur. They prepared for the war, dressed in tactical equipment and camouflage, while some arrived on horseback, others rolled on armored vehicles or patrolled above in Black Hawk helicopters. Although the invading power could not catch anyone, a group of children participating in a summer camp managed to save the park.
The MacArthur Parking operation sounds like a scene from “South Park ,, but it really happened – and the results are terrible. Responsible Border Patrol Agent Gregory Bovino, in question For Fox News: “Now it would be better if we get used to us, because it will be normal soon. We will go in Los Angeles anytime, always, at any time.” And President Trump dare to oppose every democratic governor and mayor in the United States. Wherever he wants, he will send heavy armed federal forces at any time and for any reason.
The United States stands on an authoritarian breakthrough, and congresses and courts gave Trump too much vehicles. As Mark Milley, the President of Retired Joint Chiefs, he learned that he needed a strict control over January 6, 2021 on “armed men”. bay. The Congress rightly confirmed Trump loyalists to all “power ministries” – the Army, the FBI and the Ministry of Justice, to lead the rest of the intelligence community and to lead the Internal Security Department.
As the Commander -in -Chief, the president can deploy troops and Title 10Even against the wishes of local authorities, he may put the national guard troops under his command. Gov. Gavin Newsom tough We will see the legality of Trump’s use of this authority in Los Angeles last month, and what the courts say – but based on the first decisions, the Court of Appeal 9. Circuit Seems to postpone to the president. Under Posse Comitatus LawThe troops cannot currently apply the laws, but Trump can change it by calling it The law of uprising, And we must assume that the current high court will postpone it for a long time. precedent To say that the president’s power within the scope of the law is “definite ..
The Trump can send the army to other cities, but the most dangerous weapon in the authoritarian arsenal can be a newly reinforced internal security ministry, which has given $ 170 billion by the Congress and has doubled its detention capacity.
Undoubtedly, this will put Trump’s “mass deportation ında to excessive speed, but this is not just about migration. Remember Trump in 2020 sent Border patrol agents to the city? Against wishes Oregon Governor and Mayor of Portland, the President of the President, the murder of George Floyd to protect the federal buildings and to suppress the unrest deployed agencies. Under Internal security lawThe Secretary may determine any employee of the Department in order to protect the Federal Protective Service in protecting the government property and make the secretary’s prescribing such other activities for the promotion of homeland security.
In accordance with this law, DHS officers can arrest the federal property and for kar any offense against the US ”. For this reason, the border patrol agents dressed as soldiers in 2020 and equipped with M-4 semi-automatic rifles, were able to wander around Portland on unmarked black SUVs and arrest people from the streets anywhere in the city. Trump could do this again anywhere in the country, and DHS, with billions of Congress to immigration and border agencies, can collect and use a challenging federal paramilitary power where Trump wants and when he wants.
Of course, in accordance with the 4th change, at least the civil servants Reasonable doubt It is based on certain, articulated facts and possible cause before being arrested before stopping and questioning someone. And on Friday, US Regional Judge Maame Ewusi-Mensah Frimpong He ordered a temporary limitation Ice and customs and boundary protection, without reasonable suspicion of such stops, and to keep it more than visible race or ethnic origin to keep; Speaking Spanish or talking to the accent of English; Asset in a certain place such as Home Depot Parking; Or a person’s type of work. This decision may provide significant constitutional restrictions on these agencies, but we will see. The Trump administration objected to the decision.
However, this case is progressing, it is important to state that DHS agencies are historically and in response to the revelation of J. Edgar Hoover’s abuse of power, and is not like the FBI with the book by-by culture. DHS and their agencies do not have such a luggage, and the envelope in Los Angeles last month – sometimes brutally pushed. And even if Frimpong’s power stands in appeal, ice and customs and border protection will undoubtedly adapt to expressing other reasons to stop the officers on the street or workplaces. Ultimately, these agencies are used in the words of late justice William Rehnquist to operate near the border, which is the power of the federal government.In Zenith”And where there is much less constitutional restriction on its actions.
These are the vehicles under Trump’s command – and DHS hurry to hire thousands of agencies and build the Congress’s newly paid detention facilities, and these tools will only become more challenging. And you should imagine that Trump will want to distribute DHS paramilitary powers to “protect” as they work together to capture the Macarthur Park as well as federal troops.
Is it a dream, dystopic scenario? Maybe, but who or what to prevent it? Congress does not seem willing to stand against the President of the President – and individual federal judges, while the Supreme Court seems to be more likely to postpone it, especially in national security or migration issues. So, with his words Bruce Springsteen“After the government’s controls and balances have failed, the last control people in power, you and me.” Suit.
Seth Stodder served as the Internal Security Secretary for Borders, Migration and Trade in the Obama Administration and previously served as Deputy Security Secretary of Threat Prevention and Security. The USC Faculty of Law teaches the National Anti -Terrorist Law.
