Seattle University professor weighs limits of federal troop deployment

SEATTLE - As questions swirl about whether President Donald Trump could deploy National Guard troops to Seattle, a Seattle University professor says the city and state would likely respond through the courts if such an order came.

Patrick Schoettmer, an associate teaching professor in the Department of Political Science at Seattle University, said Seattle’s political climate makes it a potential target.

Will Trump send federal troops to Seattle?

What they're saying:

"Well, I think partly it depends on how these early court cases play out. But, I think unless Trump runs into some political headwinds doing so, or if he starts getting legal pushback, I think eventually we will see and try to bring National Guard into Seattle," Schoettmer said. "Seattle's always been sort of a particular lightning rod in national political environment in the last decade or so. So I would not be surprised. I'll see it be on the list."

He said the federal government’s legal authority is limited without using the Insurrection Act.

"Well, I think that there seemed to be a few key points. So with L.A., you had the immigration activity, you had the protests, and he used that as a justification to mobilize National Guard forces, but he only brought them in to protect federal facilities, because unless he's using the insurrection Act, the Posse Comitatus laws require him to federalized troops can't be used for law enforcement purposes," Schoettmer said. "DC is a little bit of a different exception […] Chicago, again, there's no protests that we can tell, particularly that was motivated like in LA … But I think that's the next for us in Seattle. That's the next line to see how he's going to play this out."

If troops were sent to Washington state, Schoettmer said local leaders would likely take the fight to court.

"Their first, their first and probably most likely response would be to file a federal lawsuit to seek an injunction to prevent the president from using that sort of deployment," Schoettmer said. "That's what we saw happen in California, that's what we see happening or beginning to happen here in Illinois. So that would be the same course that Washington and Seattle."

Trump and ‘sanctuary cities’

Local perspective:

Seattle and Washington’s status as sanctuary jurisdictions complicates the picture, according to Schoettmer.

"So the sanctuary policies that we have here in Washington create a number of complication complicating so the sanctuary policies don't and can't prevent federal officials from enforcing federal immigration law in the state, but it can tell state officials that they're not allowed to cooperate and they're not allowed to use federal or state or local resources do so," Schoettmer said. "And President Trump is obviously not a big fan of that, but it's also the case that a lot of sheriffs around the state are not a big fan of that, and they challenged or defied state law in cooperating with federal authorities."

He said local law enforcement dynamics could create tension if federal troops were deployed.

"It's tricky on a number of number, number of levels. First of all, a lot of what we see happening coming out of the other Washington, D.C. is happening through executive action. So, there's not necessarily, actually the legal justification that the President uses them as rhetoric rooted in the law, and you kind of see that, how it plays out," Schoettmer said.

When asked whether bipartisan cooperation could reduce tensions, Schoettmer said the conflict is largely driven at the federal level.

"Well, I think the crux of the issue is that the conflict is really being driven by D.C. If President Trump wants a conflict, ultimately there will be a conflict regardless of what we do here," Schoettmer said. "The moves that we see the President making skirt the line of legality, they're not illegal for the most part, but they are deep violations of historical norms of restraint and deference to local authority … So here on the local level, there's not a whole lot we can do to drive down the conflict. It's all really up to President Trump and the administration in D.C."

Big picture view:

Historically, Schoettmer noted, presidents have sent troops to communities without local approval, including during the civil rights movement and at Kent State University.

"Yeah, so the troops have been used in communities that did not want the troops there. For example, during the 1950s in the civil rights movement, we saw Eisenhower deploy the 101st Airborne Division at the University of Little Rock in Arkansas," Schoettmer said. "At the same time, we saw National Guards troops being used again on university campuses, in particular for protests during the 1960s most infamously, Kent State […] We've seen federal troops used to impose order after Hurricane Katrina in New Orleans, as well."

Looking ahead, Schoepflin said he doubts federal troops in Seattle would calm tensions.

"My sense is, if the President federalizes National Guard units and brings them into the City of Seattle without the support of, like, the State of Washington or King County or the City of Seattle, that will not help to calm or de-escalate the situation," Schoettmer said. "Seattle is a city with a history of feisty protest going back to 1999 and the World Trade Organization protests, and even before that. So I think that the most important thing for Seattle residents — keep in mind is, if this happens, and I don't think it's a done deal, that it's going to happen — that it's important on us to not get into provocation, stand up for around specifically, so peacefully."

Schoettmern said that in other cities, residents not in direct proximity to federal facilities may not even notice a troop presence. But if the administration chose to use National Guard forces to enforce policies such as detaining unhoused people, the impact could be more visible.

"I think for most people, it probably would pass on notice, unless the President does something unexpected, like decides to use National Guard forces to arrest indigent individuals and relocate them."

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