Beyond Portland: Can mayors sue Trump to keep out federal police? It's not that simple via crysnhill
Congressional Democrats and even some Republicans have denounced the use of officers in military uniform — but without identification — patrolling streets in Portland, Ore. Many have questioned whether their presence, over the objections of the mayor and governor, is even constitutional.
Trump has defended the intervention as a necessary action against violent protesters. Now he wants to send federal officers to other cities that he believes are poorly run and out of control. It was unclear from Monday’s press conference which federal agencies would participate and what their primary responsibilities would be. The Chicago Tribune reported that the U.S. Department of Homeland Security plans to deploy about 150 federal agents to the city this week. The agency has not responded to a request from Yahoo News for comment.
“There is no basis for preventing federal agents from entering or patrolling a city,” Turley said. “What [local officials] can do is refuse to engage in a cooperative law enforcement agreement. And that will confine federal agents to federal crimes and the protection of federal property.” Trump would be hard-pressed, though, to find legal precedent supporting a “huge, unidentified presence” in Portland and other cities, said Michael Greenberger, a law professor and the director of the Center for Health and Homeland Security at the University of Maryland.
Some Republicans have also expressed alarm over DHS actions in Portland, including Tom Ridge, who was the agency’s first administrator. “The department was established to protect America from the ever-present threat of global terrorism. It was not established to be the president’s personal militia,” Ridge said during an interview with Sirius XM host Michael Smerconish.
“The 10th Amendment of the Constitution puts the health, welfare and safety of American citizens in the hands of the states, not in the hands of the federal government,” Greenberger said. “[But] there are rare situations where the federal government would intervene.”
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