Donald Trump makes broad use of presidential powers

Tensions remain high in Los Angeles, California, where thousands of people have been protesting federal Immigration and Customs Enforcement (ICE) operations. A curfew imposed by the city’s mayor on Tuesday night brought some calm, but there are no signs of de-escalation.

After deploying the National Guard, US President Donald Trump has now ordered the deployment of some 700 Marines — active-duty troops known for their rapid response and elite combat capabilities.

According to a spokeswoman for the United States Northern Command, US troops will help protect federal buildings and personnel, including ICE agents.

Since Friday, demonstrators have occupied the streets in Los Angeles, protesting ICE raids targeting individuals lacking proper immigration documentation. In some cases, masked ICE agents reportedly arrested people on the street.

The crackdown reflects the Trump administration’s hardline stance on immigration — and now the military has been called in by the president to assist.

Presidential powers and the Insurrection Act

Normally, the president cannot unilaterally deploy the National Guard within a US state; governors must authorise such deployments. California Governor Gavin Newsom has expressly rejected the need for the National Guard and has sued the Trump administration.

However, under the Insurrection Act of 1807, the president has the authority to deploy military forces without the governor’s consent in cases of rebellion or civil unrest. Trump’s decision to invoke that authority is considered highly unusual, given the importance placed on states’ rights in the US federal system.

Governor Newsom has accused Trump of abusing executive power and warned that his actions threaten democratic norms. “California may be first, but it clearly won’t end here,” Newsom said, “Other states are next. Democracy is next.”

Trump sidelining the judicial branch

Trump has repeatedly clashed with the US judicial system during his first five months back in office. Early in his term, he authorised deportations that went forward despite federal court orders blocking them. Since March, more than 250 non-US citizens — whom Trump has labeled as terrorists — have been deported to El Salvador.

Flights to El Salvador’s infamous CECOT maximum-security prison reportedly continued even after a federal judge ordered them grounded.

To justify the deportations, the Trump administration cited the Alien Enemies Act of 1798, arguing it allows for the removal of nationals from “hostile nations,” without affording them a right to trial. The Trump administration claims those deported were affiliated with the transnational criminal group Tren de Aragua.

In the US system, the judiciary is one of three co-equal branches of government, alongside the executive and legislative branches. The balance among them is foundational to US democracy — critics say Trump is eroding that balance. Six of the nation’s nine Supreme Court justices are conservatives, three were appointed by Trump.

Will the ‘principles of democracy’ win out in the US?

What about the legislative branch? Trump has largely bypassed Congress since returning to office in January, issuing 161 executive orders as of June 10 — more than any president in a similar time frame since World War II. His orders, which do not require House of Representatives or Senate approval, have had sweeping effects, from LGBTQ+ rights to trade policy.

“Trump will definitely go down in history as the one who took executive power to its limits,” wrote Patrick Malone, a professor of public administration and policy at American University in an email to DW. Malone questioned the legality of the president’s mass firing of federal employees in the name of efficiency, for instance.

“The question of legality of what this president has done are going to be in the courts for years to come,” Malone said. He warned that the US democratic institutions are under serious pressure. One underlying issue, he said, is that many US laws were written for a nation vastly different from the one that exists today.

But Malone is optimistic: “Institutions are generally quite difficult to topple. Hopefully, the principles of democracy will ultimately prevail.”