President Trump this week abandoned an executive order on "sanitation cities," with many in California.
Not to mention that we are a shelter.
With that order alone, it should attract the attention of cities like Los Angeles, San Francisco and Sacramento, where the promise of protecting our immigrant neighbors, regardless of the documents, is strong.
But there are some recent Trump moves stacking it together, and we hope to be a summer of dissent, fear and a series of military exercises, suspicious arrests and efforts to protect immigrants.
In the link between these efforts of the government, it is an effort to concentrate more and more power on the centralization of power at the federal level, and it doesn't matter, the Republican Party has long been the standard enterprise of federalist principles of state rights. Do you still remember those 1776 patriots who were suddenly silent? "Don't trample on me" went from calling for the Margo War to a Democratic confession.
"We are still a federal government, which means that some powers give the federal government DC and give the states and territories," Ross Burkhart told me, a professor of political science at Boise State University who studies the model of democracy. “I’m worried about the balance leaning towards a centralized country.”
First, although Trump's executive order has not created much ripples since April 11, although military authority over civilians has expanded. Trump handed over from the Interior to the Department of Defense, with a large amount of land on the southern border, spanning three states - California, Arizona and New Mexico - known as the Roosevelt reservation.
Now, the 60-foot-wide band is considered part of the FT. Huachuca, although the Arizona military base is actually 15 miles away. in spite of. The Roosevelt reservation is now patrolled by military personnel, and entering a military base (criminal act) is considered to have trespassed.
The public premise of this unusual military takeover is to detain people who illegally cross the border.
But what happens if U.S. citizens cross the area without permission? For example, protesters? Or aid workers, the kind of people who bring water into the desert?
They may also be subject to military detention.
Of course, in the form of the Posse Comitatus Act, federal law prohibits the use of military forces for civilian law enforcement. Elizabeth Goitein, senior director of the Liberty and National Security Program at the Brennan Center, the Institute for Nonprofit Law and Public Policy, called the bill "an absolute critical protection for our freedoms and democracy."
Its sentence reads: "Except for the express authorization of the Constitution or the Congress Act, whoever intentionally uses any part of the (armed forces) … to enforce the law shall be fined under this title, or imprisoned for no more than two years, or both."
The judgment was initially a compromise to evacuate federal forces from the South during post-Civil War reconstruction. These troops have been protecting black voters. But the controversial presidential election threatens stability, so soldiers cannot use them to enforce civil law, thus reaching a deal that eliminates the biggest obstacles in the Jim Crow era, while also placing this critical protection in a place that forces the army to be used to suppress citizens. A double-edged sword has far-reaching consequences.
The POSSE COMITATUS Act in the simplest term ultimately led to a rebellion in the civil rights movement, and the subsequent laws promoted equality and equity. This in turn brings us into this moment when we are seeking the power to cancel these benefits.
This brings us to a “in case and in case” part of the POSSE COMITATUS Act, which is a Trump vulnerability, if anything.
If Trump's first 100 days prove it all, it's anything on the table. Take the Insurgency Act as an example, another law that Trump recently mentioned is full of loopholes.
Imagine, for example, if the city of sanctuary was considered to violate federal law. If their leaders are accused of hiding and helping undocumented fugitives, they somehow pass it through the Roosevelt reservation, or protests in the streets are considered violent rebellion.
Trump entitled “Protecting American communities from criminal foreigners” in his executive order Monday.
"However, certain state and local officials continue to use their powers to infringe, hinder and violate the enforcement of federal immigration laws," it wrote. "This is an inability to rebel against the supremacy of federal law, and the federal government has an obligation to defend U.S. territorial sovereignty."
It sounds a lot like the Uprising Act is ready to leap in the Posse Comitatus loophole.
The order then suggests that some state and local officials may even violate the organizational bills affected by the scheming and corrupt, most often used in organized criminal businesses such as the Mafia and promised to “take all necessary legal remedies and law enforcement measures to end these violations.”
"The thing about the uprising bill is that it can only be used in very extreme emergencies, i.e. a direct and overwhelming threat to public safety or a constitutional right that state and local authorities cannot or will not resolve," Goitein said. "Unfortunately, the actual text of the law is much wider and therefore easily exploited by a president who is not restricted by norms."
On the same day, Trump also signed another executive order, “strengthen and release U.S. law enforcement officers to pursue criminals and protect innocent citizens,” which directed defense and justice departments to “determine military and national security assets, train, non-lethal capabilities, and how personnel are most effectively utilized to prevent crime.”
To sum up, these orders are a huge extension of federal policing power, a move towards a "safe country" where the president has the ability to enforce martial law and arrest or detain anyone who opposes him.
Although the arrest of politicians, activists and even everyday people still seems to be a surreal exaggeration, it has happened.
Milwaukee County Circuit Judge Hannah Dugan was arrested last week by FBI agents, charged with obstructing justice and hiding individuals to prevent arrest.
Rev. William Barber, a well-known social justice activist, was arrested Monday while praying in the Capitol Rotunda as part of a protest against Republican budget cuts.
In the middle of the night last week, an Oklahoma woman and her daughter, all U.S. citizens, were roaring from the bed by federal authorities (refusing to identify themselves) in their underwear and guns, looking for undocumented immigrants.
"His comments, if no other opinion can be interpreted as incitement of violence," said Stephen Miller, a Santa Monica native and Trump immigration architect, after Illinois Gov. JB Pritzker called for peaceful protests about Trump's authoritarian moves.
Perhaps the type of “violence” that led to Trump invoking the Uprising Act?
Although Trump's summer is approaching, Goitein said she hopes people can successfully back down.
She noted that although Trump doesn’t seem to care about crossing the border, he does care about his image. Currently, his popularity in polls is tanks, and he is a role on the international stage. The pressure and power of nonviolent protests may still prevent the government from stepping into democracy.
People are not helpless, Goitein said.
"We're not there yet," she said. But things are heating up.