No longer a ‘what if?’: Trump’s threat to abuse military power is now a reality

A few weeks ago, in response to non-violent protests opposing recent ICE raids at schools and workplaces, the Trump administration illegally deployed military forces to Los Angeles — over the objections of both the mayor and California’s governor. This blatant abuse of federal power violates constitutional protections and federal law. It represents an alarming escalation designed not to “maintain order” or “ensure public safety” but to intimidate communities, suppress dissent, and silence constitutionally protected speech.

The protests in L.A. were lawful. The military deployment was not. This exercise of federal abuse of power, if left unchecked, establishes a dangerous precedent that should put all states and cities, including Detroit, on high alert.

This recent escalation is not an isolated incident. It is part of a sustained effort by the Trump administration to consolidate power, override democratic norms, and undermine the balance of the federal system. From day one, Trump has pushed the boundaries of presidential authority — repeatedly ignoring judicial rulings, bypassing Congress, and attacking independent institutions. The administration has unlawfully targeted universities, carried out illegal deportations, attempted to dismantle congressionally established agencies like the Department of Education and USAID, and violated Supreme Court rulings. They have imposed unauthorized tariffs, misused emergency powers, and shown open contempt for the constitutional separation of powers.

Moreover, the Trump administration has disregarded congressional appropriations and weaponized spending cuts to attack poor and disenfranchised communities – pushing for cuts to housing, education, food, and health care – effectively eviscerating the social safety net and putting millions at risk while enriching the powerful.

The Trump administration has repeatedly shown it will exploit false claims of “national emergency” to push its agenda via sweeping, unlawful actions:

• Tariffs on Canadian goods were “justified” by unsubstantiated claims about fentanyl at the northern border.
• A supposed “extraordinary threat” to U.S. national security was used to justify global tariffs — later struck down by lower courts.
• The 18th-century Alien Enemies Act was misused to deport immigrants without due process — a move also reversed by the courts.

And now, the same fictitious and illegal playbook is being used to justify sending U.S. troops into an American city to silence protest.

The legal standard for military deployment under Section 12406 of Title 10 is clear: it can only be invoked in cases of invasion, “rebellion or danger of rebellion,” or if the President is “unable with the regular forces to execute the laws of the United States.” None of those conditions existed in Los Angeles. There was no rebellion. There was no breakdown of civil order. The administration had no legal authority to deploy the military domestically against people engaging in lawful protest.

What we witnessed was the politicization of federal military power to silence dissent and override the will of state and local governments. It was a calculated, unconstitutional show of force aimed at criminalizing dissent. It is a dangerous, authoritarian turn. It is Los Angeles today. Tomorrow, it could be Detroit.

The residents of Los Angeles who took to the streets were not violently “rioting.” They were demanding dignity, justice, and an end to state-sanctioned violence. Their actions are a moral call — to resist not only ICE raids and deportations, but the broader architecture of systemic violence: economic exploitation, racial injustice, and the erosion of democratic freedoms.

We should all be concerned about what happened to the protestors in L.A., because our freedoms are inextricably linked. What is at stake is not just the rights of L.A. residents but the future of American democracy. If the federal government can send troops into L.A. to suppress protests, it can do so anywhere. The violation of some is a threat to all.

Detroit’s leaders — and Detroit’s people — must be ready. Our current and aspiring leaders must be prepared to reject federal overreach and protect the rights of Detroiters, no matter the political pressure. They must articulate clear, bold strategies to defend our communities from federal overreach in a manner not faced in contemporary history. They must be prepared to stand up for civil liberties, resist unlawful federal action, and ensure Detroit remains a city that protects its people, not one that surrenders them to authoritarianism.

The battle for our rights is not theoretical. It is happening now, in our streets, and we must start acting like it.

Angel McKissic, Ph.D. (she/her) is the Director of the Damon J. Keith Center for Civil Rights at Wayne State University Law School. Peter Hammer, J.D./Ph.D. is the Faculty Director of the Damon J. Keith Center and A. Alfred Taubman Professor of Law at Wayne State University Law School.