Protests live updates: Marines make 1st temporary detention in LA

Defense Secretary Pete Hegseth said at a Senate Appropriations Subcommittee that the department "would have the ability to surge National Guard" to another state if it became necessary.

In response to a question from Sen. Brian Schatz, D-Hawaii, Hegseth wouldn’t say whether the president’s executive order authorized an expansion of its current guard activation in California.

"So part of it is getting ahead of a problem, so that if in other places, if there are other riots in places where law enforcement officers are threatened, we would have the capability to surge National Guard there if necessary," Hegseth said. "And thankfully, in most of those states, you'd have a governor that recognizes the need for it, supports it, and mobilizes it him or herself."

-ABC News’ Chris Boccia and Anne Flaherty

Two men are being charged by the U.S. attorney in Los Angeles for possession of an unregistered destructive device for their alleged roles in LA protest violence, federal prosecutors will announce Wednesday.

Emiliano Galvez and Wrackkie Quiogue are both accused of trying to throw Molotov cocktails at police, according to federal prosecutors.

When the LAPD approached Quiogue -- who officials said was armed with a Molotov cocktail at Sunday's protest in downtown LA -- he allegedly "threw the Molotov cocktail into the air and attempted to flee," the complaint said. LAPD officers subdued Quiogue and arrested him, prosecutors said.

Galvez is accused of throwing a Molotov cocktail over a wall toward LA sheriff's deputies who were "engaging in crowd control activities" during a protest in Paramount, a south LA city, on Saturday, federal prosecutors said. Galvez was arrested after a foot chase, officials said.

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-ABC News’ Alex Stone

As the nationwide protests reach Atlanta, Georgia Attorney General Chris Carr warned in a statement, "If you engage in violence for the purpose of changing public policy, you can be charged with Domestic Terrorism."

"We will defend the right to peacefully protest,” Carr said, adding, "We will not hesitate to bring Domestic Terrorism charges for those who earn it."

Thousands protesting President Donald Trump's immigration crackdown gathered in Lower Manhattan on Tuesday.

Eighty-six people were arrested at 26 Federal Plaza and nearby Foley Square, which is across from where ICE operations in New York City have been centered.

Thirty-four were charged with crimes including assault, resisting arrest and obstructing governmental administration, the NYPD said. One person was charged with reckless endangerment. Fifty-two were issued criminal court summonses and released, police said.

The NYPD activated additional officers after 9 p.m., when protesters returned to 26 Federal Plaza after blocking Varick Street in front of a federal building containing an immigration office. During the later protests, police officials said demonstrators threw bottles at officers and threw traffic cones and garbage into the road.

Federal agents deployed tear gas at the crowd near Chambers and Church streets.

Protest groups are asking for demonstrators to return to Foley Square at 5 p.m. Wednesday.