National Review Online
Monday, June 09, 2025
What have the self-driving vehicles done to anyone?
Rioters set Waymo cabs ablaze in Los Angeles last night in the ongoing spasm of
violence the last several days over federal immigration enforcement in the West
Coast metropolis. As is always the case with “mostly peaceful protests,”
left-wing demonstrators have destroyed property, blocked traffic, and hurled
objects at law enforcement.
President Trump has responded by activating California
National Guard troops without a request by the governor, in this case Democrat
Gavin Newsom. This is a highly unusual move and the first time the president
has called up a state’s guard without gubernatorial approval since 1965, but it
is legally permissible and understandable in the circumstances.
The president is relying on what a 1971 Office of Legal
Counsel memo called his “inherent authority to use troops for the protection of
federal property and federal functions,” as well as 10
U.S.C. 12406, which provides for the emergency mobilization of the National
Guard. That statute says the president can call up the Guard when there’s an
actual or threatened invasion or rebellion, or when he can’t execute the laws
with regular federal forces.
Given what’s being done to attack and obstruct ICE agents
who are simply enforcing the immigration laws, the latter condition applies.
This is not an invocation of the Insurrection Act, which would involve federal
troops taking on general law-enforcement functions. Instead, the role of the
Guard is limited, as the presidential proclamation stipulates, to ensuring
“the protection and safety of Federal personnel and property.”
State and city officials are condemning the activation of
the Guard as a “provocation,” although usually the only people provoked by
troops standing in front of a federal building to keep it from getting attacked
are those who might want to attack it.
Another criticism is that the violence was isolated to a
relatively small portion of the massive city and thus deploying the National
Guard was unnecessary. But attacking federal agents is no small matter, and, as
we learned in 2020, urban riots can quickly spiral out of control if there
isn’t an overwhelming show of force early.
Certainly, images of police cars getting attacked by
rioters last night doesn’t provide any reassurance that L.A. has the situation
under control, and indeed Los Angeles Police Chief Jim McDonnell said that his
officers were “overwhelmed.”
The ICE actions that set off the mayhem of the last few
days were targeted arrests of repeat immigration offenders and illegal
immigrants already ordered removed, as well as worksite raids of the sort that
must happen if there is going to be any hope of substantially reducing the
number of illegal immigrants living and working in the United States. Given
that hundreds of thousands of illegal immigrants live in L.A. proper, and
perhaps close to a million in L.A. County, no one should be surprised that ICE
is showing up. The opposition, though, is driven by resistance to immigration
enforcement as such. A California assemblyman who had a large role in ginning
up the protests of ICE in the nearby city of Paramount said of the agents, “The
community is coming out strong to show that they are not welcome in our
community.”
There’s much talk of what can be done to “de-escalate”
the situation. The first step would be for left-wing residents of L.A. to stop
harassing and assaulting federal officers for doing their jobs.
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