WASHINGTON (AP) — The Pentagon was working diligently on Monday to create guidelines for the US Marines, who might face the unusual and challenging prospect of potentially using force against citizens on American soil. Protests Over Immigrant Attacks in Los Angeles.
US Northern Command announced the deployment of 700 Marines to the Los Angeles area to protect federal property and personnel, including federal immigration agents. The 2nd Battalion of the 7th Marines, stationed at Twentynine Palms, California, is set to supplement the roughly 4,100 National Guard members already in Los Angeles to respond to the protests.
The units are trained in protocols regarding the use of force, crowd control, and rules of engagement, stated Northern Command.
Nevertheless, deploying active-duty military forces introduces complex questions.
The Marines are extensively trained in combat and crisis response from their experiences in conflict zones like Syria and Afghanistan. However, their current role differs significantly; they may encounter protesters wielding gas cans and must quickly decide how to respond, particularly with respect to protecting immigration enforcement agents from crowds.
US officials have indicated that the military is equipped with standard service weapons but does not carry tear gas. They also possess protective gear such as helmets, shields, and gas masks.
While their response to threats abroad is dictated by rules of engagement, domestic operations are governed by standing rules for the use of force. These must be established by Northern Command and approved, with each Marine receiving a card detailing their permissible actions, according to another US official.
For instance, a preliminary usage draft document reviewed by the Associated Press prohibits warning shots. Marines are instructed to de-escalate situations where possible but are authorized to act in self-defense, the documents indicate.
The AP reviewed these documents and spoke with nine US officials. These officials requested anonymity to discuss the yet-to-be-published guidance decided for the Marines.
The Department of Defense is also drafting a memo that will clarify the Marines’ responsibilities, outlining measures they can take to protect federal personnel and property. These guidelines may also address the potential for temporarily detaining civilians if the military comes under attack or to prevent harm, according to primary US officials.
Such measures might include detaining civilians until they can be turned over to law enforcement.
US officials stated that deploying Marines to safeguard federal buildings can proceed without invoking the Insurrection Act.
The Insurrection Act empowers the president to direct federal forces in law enforcement functions during a national emergency. However, its application is exceedingly rare; authorities noted it has not yet been invoked in this instance, and it remains unclear if it will be.
President George H.W. Bush employed the Insurrection Act during the 1992 Los Angeles riots that followed the acquittal of a white police officer who was filmed using excessive force on Black driver Rodney King.
Elizabeth Goitein, Senior Director of the Brennan Center for Justice’s Freedom and National Security Program at NYU Law, remarked that the legal authority surrounding expanded roles for the Marines remains unclear.
“In fact, if these Marines are interacting with civilians, it raises significant legal concerns,” Goitein stated. “To date, no legal authority has been invoked to justify this.”
Defense Secretary Pete Hegseth tweeted late Saturday that he was contemplating the deployment of Marines, as confirmed by a US official.
However, the tweet on Hegseth’s personal X account stunned many, as it was not issued from his official government account. As of Monday, military leadership was still evaluating potential repercussions.
Additionally, Marines are considering broader questions. Will they dispatch more experienced personnel to avoid the risks associated with having seasoned troops decide whether to use force against civilians?
Legal parameters under which the military may resemble policing at home are outlined by the Fourth Amendment to the US Constitution, which forbids the unlawful seizure of persons, including temporary detainment, unless deemed reasonable under the circumstances.
Generally, armed forces under federal authority are prohibited from performing law enforcement duties on US soil under the Posse Comitatus Act.
Source: apnews.com