Explainer: Can President Trump legally deploy the National Guard to other states?
President Donald Trump says he plans to deploy National Guard troops to cities like Chicago, New York, and Baltimore, raising questions about his legal authority to do so.
President Donald Trump says he plans to deploy National Guard troops to cities like Chicago, New York, and Baltimore, raising questions about his legal authority to do so.
President Donald Trump says he plans to deploy National Guard troops to cities like Chicago, New York, and Baltimore, raising questions about his legal authority to do so.
President Donald Trump is threatening to deploy the National Guard to more cities, including Chicago, New York, and Baltimore, as part of his plan to crack down on crime, homelessness, and immigration, raising the question: Can he legally deploy the Guard in states outside of Washington, D.C.?
The District of Columbia is a unique case under the president's control of the National Guard. Because it is located in neither a territory nor a state, D.C.'s National Guard reports directly to the president, allowing him to deploy troops without the permission of local leaders.
But in the 50 states, governors have control over their state's National Guard, and the president typically can only activate them if a governor requests or allows it.
Maryland Gov. Wes Moore and Illinois Gov. J.B. Pritzker have already pushed back against Trump's threat to deploy the National Guard.
But to override them, Trump could invoke federal emergency laws, allowing him to deploy the National Guard, similar to those in the Los Angeles protests.
But the laws are limited, and the National Guard can only serve to protect federal personnel, property, and functions.
In the case of Washington, D.C., the Guard's official mission is to show presence to deter crime and support immigration officials carrying out orders — not to enforce the law themselves.
California is currently suing Trump, claiming he overstepped his power by deploying the National Guard in June. The outcome of the legal battle could determine how he deploys the National Guard in other states.