TRUMP HAS FEDERALIZED THE NATIONAL GUARD AND ACTIVE DUTY TO SUPPORT POLICE – WHAT DOES THIS MEAN?
Agents from the U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP) and Federal Bureau of Investigation, supported by local police, continue their round up of illegal aliens in the Los Angeles area. These law enforcement personnel have been met by large groups of protestors, with some of those engagements turning violent.
Shortly after the protests began, President Trump ordered the federalization of up to 4,000 California guardsmen and the deployment of 700 US Marines to support federal and local law enforcement officers as they continue their operation.
Trump’s actions led California Governor Newsom, and his state’s Attorney General, to file a court request blocking the expansion of missions for the guardsmen and Marines beyond protecting federal buildings and personnel. In this article, we are looking specifically at why Trump and Newsom see the legality and necessity of these deployments differently.
What Does “Federalization” Mean?
Federalizing the National Guard refers to the process of transferring control of state National Guard units to the federal government for a specific mission or duration.
When federalized, the Guard becomes part of the active-duty federal military, reporting to the president as commander-in-chief. This can happen under Title 10 of the U.S. Code, which authorizes the president to order National Guard troops into federal service.
The most common reason for federalizing a state’s guardsmen is when those guard personnel are deployed to a combat Area of Responsibility (AOR) in support of ongoing military operations.
This is a fairly regular occurrence and is done in coordination and agreement between state and federal agencies via the The National Guard Bureau, a joint bureau of the Department of the Army and Department of the Air Force, that acts as a liaison between state and federal entities, ensuring efficient communication and coordination.
National Guard personnel comprise an important element of what the DoD calls its “Total Force.”
Can Federalization Occur Without a Governor’s Consent?
While rare in US history, the president can federalize a state’s guardsmen without the consent of or request from that state’s governor. This authority is covered under the Insurrection Act of 1807.
This power has been used sparingly by US presidents to quell riots, suppress rebellions, and enforce court orders. It’s even rarer to have been used to federalize a state’s guardsmen without that governor’s consent.
Between 1962 and 1963, President Kennedy invoked the act three times. JFK twice federalized the Alabama National Guard without Governor George Wallace’s consent and ordered it to stand down so that black students, escorted by federal officers, could carry out a federal court order to integrate Alabama schools.
The Insurrection Act & Using US Military to Support Police
Once again, the Insurrection Act comes into play when a president is compelled to use active duty military forces to support local, state, or federal law enforcement.
The Act empowers the president to use the military to suppress domestic unrest, including rebellions and insurrections.
The Insurrection Act serves as an exception to the Posse Comitatus Act of 1878, which normally prohibits military involvement in civilian law enforcement.
Under the Posse Comitatus Act, the military cannot directly participate in law enforcement activities like arrests, searches, or seizures, but it can provide technical assistance, intelligence support, and equipment.
When the Insurrection Act is invoked, the military can temporarily perform law enforcement roles.
Understanding the Role of the National Guard & How They Can be Used
The National Guard can be used to perform state and federal functions. They are generally used to respond to state-level emergencies, such as hurricanes, floods, earthquakes, etc. However, the National Guard also serves a domestic law enforcement role.
Additionally, the president can deploy the National Guard to serve overseas and support military operations abroad.
When reservists are deployed in the US, the state’s governor usually assumes command. When the National Guard is deployed nationwide, the president assumes command.
However, in this instance, President Trump decided to override the authority of Governor Newsom, when deploying the National Guard. Trump said that the reason for this move was to protect national security.
The National Guard answers to both the state governors and the president. When the National Guard is in “state active duty,” the Guard answers to the governor. When called into “federal service,” the Guard answers to the president.
The LA Riots of 1992, When the National Guard Was Deployed to LA
After a jury acquitted four officers from the LAPD charged with using excessive force in the arrest and beating of African-American Rodney King, civil unrest broke out in South Central Los Angeles.
The rioting spread to several other areas in Los Angeles and included widespread looting, assault, and arson that lasted for six days.
Local police had difficulty gaining control of the situation compelling LA Mayor Tom Bradley to request deployment of the state’s National Guard forces by California Governor Pete Wilson to support local law enforcement.
In conjunction with his deployment of California guardsmen, Wilson also requested federal support from President George H.W. Bush, who invoked the Insurrection Act and contributed 3,500 federalized personnel to the effort, including 1,500 US Marines from Camp Pendleton.
Ultimately, the California National Guard, US military, and several law enforcement agencies deployed more than 10,000 armed responders to LA who were credited with resolving the situation.
Why is Trump’s Mobilization of the National Guard Different?
Demonstrations began in LA on Friday, in response to immigration raids that were targeting undocumented workers. The Los Angeles Police Department reported the protests as “peaceful,” though it escalated when rocks and Molotov cocktails were thrown and cars were set on fire.
In an interview with CNN, Mayor Karen Bass stated, “This is not a citywide civil unrest taking place in Los Angeles. A few streets downtown - it looks horrible.” She explained that those who committed acts of crime would be arrested.
However, on Saturday, President Trump deployed the National Guard using Section 12406 of Title 10 of the US Code, which allows the president to call in the National Guard during situations where law enforcement cannot carry out the country’s laws with “regular forces.”
Newsom requested that Pete Hegseth, “return the National Guard to its rightful control by the State of California, to be deployed as appropriate when necessary."
On Monday, the governor sued Trump and Hegseth, saying that their actions surpassed the federal government’s authority, violating the 10th Amendment. However, Trump escalated tensions further by suggesting that Newsom should be arrested based on his handling of the LA demonstrations.
In response, Newsom took to X to criticize Trump and Hegseth’s decision saying, “U.S. Marines have served honorably across multiple wars in defense of democracy. They are heroes. They shouldn’t be deployed on American soil facing their own countrymen to fulfill the deranged fantasy of a dictatorial President. This is un-American.”
So, What’s Next?
California Governor Newsom and his Attorney General Rob Bonta filed an emergency request to block an expansion of the federalized California National Guard and US Marines, beyond their role of protecting federal buildings and personnel.
According to a Northern Command memorandum,
“... approximately 700 Marines with 2nd Battalion, 7th Marines, 1st Marine Division will seamlessly integrate with the federalized forces under Task Force 51 who are protecting federal personnel and federal property in the greater Los Angeles area.”
As of June 10th 2025, approximately 2,100 National Guard soldiers from the 79th Infantry Brigade Combat Team, a California National Guard unit in a Title 10 status, are in Los Angeles.
According to US Northern Command,
"The Marines are helping provide Task Force 51 with the necessary number of forces to cover the area adequately.
Task Force 51 is U.S. Army North’s Contingency Command Post, which provides a rapidly deployable capability to partner with civil authorities and DoD entities in response to a Homeland Defense and Homeland Security Operations."
For the moment, President Trump has not decided to invoke the Insurrection Act, which would allow those federalized forces to do more than just protect property and personnel.
This is an ongoing development. Check back in for updates.
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