Under U.S. law, the President of the United States can federalize National Guard units (i.e., call them into federal service) and deploy them for federal missions.
October 08, 2025
high
temporal
Legal mechanism for shifting National Guard forces from state to federal control.
The Insurrection Act is a set of federal laws that can be invoked by the U.S. president to authorize the deployment of federal military forces, including the National Guard, to respond to domestic insurrections or serious civil unrest.
October 08, 2025
high
legal
Summarizes the legal authority commonly cited for deploying military forces domestically.
The National Guard is a state-based reserve military force usually used in peacetime to provide assistance during and after natural disasters.
October 08, 2025
high
temporal
Describes the typical peacetime role and organizational basis of the National Guard.
Federal deployments of National Guard troops to U.S. cities can give rise to legal and constitutional disputes concerning state sovereignty, local consent, and the scope of federal authority.
October 08, 2025
high
legal
Questions about National Guard deployments commonly focus on whether federal action overrides state or local control and what constitutional or statutory powers authorize such deployments.
In 2025, several federal courts found that federal activations of National Guard troops for domestic operations related to immigration enforcement departed from the Guard’s historic role and were unconstitutional in those cases.
October 08, 2025
high
legal
Summarizes court findings regarding federal use of the National Guard for domestic immigration enforcement.
The National Guard serves in three capacities: 'state active duty' (troops under state command and state funded), 'Title 32' (troops under state command but federally funded), and 'Title 10' (troops federally controlled and federally funded).
October 07, 2025
high
definition
Baseline definitions of National Guard status options used in U.S. federal and state responses.
Under Title 10 of the U.S. Code, the president may federalize the National Guard when the country is under invasion, rebellion, danger of rebellion, or when the president, with the 'regular forces', is unable to execute the laws of the United States.
October 07, 2025
high
legal
Statutory criteria that can trigger federal activation (federalization) of the National Guard.
Section 12-406 of Title 10 of the U.S. Code authorizes the President to call up the National Guard if there is a rebellion against the federal government, a danger of such a rebellion, or the possibility of a foreign invasion.
October 07, 2025
high
legal
Statutory provision in Title 10 describing conditions under which the President may call the National Guard into federal service.
The National Guard can be federalized to serve under federal command and be deployed to domestic locations within the United States.
October 07, 2025
high
institutional
Mechanism by which National Guard units transition from state to federal control for federal missions or domestic deployments.
National Guard troops can be deployed to protect federal officials and federal property.
October 07, 2025
high
policy
Use of state National Guard resources for protection of federal personnel and assets.
When National Guard units are federalized, they operate under the command of the federal government rather than under state authorities.
October 07, 2025
high
temporal
Describes the change in command authority that applies to National Guard units when they are placed under federal status.
Members of the National Guard do not have personal authority to refuse orders to deploy and are expected to follow government deployment directives rather than act as a political organization.
October 07, 2025
high
temporal
Describes the general obligation of National Guard personnel to carry out assigned orders.
Federal courts have the authority to review the legality of domestic military deployments and can order troops to stand down if a deployment is found unlawful.
October 07, 2025
medium
temporal
Describes the judicial oversight role concerning the lawfulness of troop deployments within the United States.
The U.S. Department of Defense (Pentagon) can mobilize National Guard personnel to protect federal functions, federal personnel, and federal property as part of federal protection missions.
October 07, 2025
high
temporal
Description of a purpose for National Guard deployments under Pentagon-directed federal protection missions.
When federalized, National Guard units can be mobilized and deployed across state lines under federal control.
October 06, 2025
high
process
General procedural effect of federal activation of National Guard forces.
Federalized National Guard personnel may be assigned to protect federal property and federal personnel, including federal law enforcement agents.
October 06, 2025
high
operational
Common operational roles for National Guard forces while under federal control.
State National Guard members can be federalized and placed under federal control for deployment to other jurisdictions.
October 06, 2025
high
temporal
General mechanism referenced in reporting about deployments of National Guard troops.
Federal judges can issue orders blocking the deployment of National Guard troops from one or more states to U.S. cities.
October 06, 2025
high
temporal
Federal courts can review and enjoin executive actions that deploy state National Guard members for operations in cities.
The President of the United States serves as commander-in-chief and has authority to deploy federal troops and to federalize National Guard units for domestic operations, but those deployments are subject to legal challenge and review by federal courts.
October 06, 2025
high
legal
Presidential authority to use military or federalized National Guard forces domestically is balanced by judicial review and potential injunctions in federal court.
State governments can sue in federal court to seek injunctions or other relief aimed at blocking or limiting federal deployments of National Guard units or other federal forces within their jurisdictions.
October 06, 2025
high
legal
States have standing in some circumstances to challenge federal actions affecting state-controlled forces or operations within state borders through litigation in federal courts.
Plans to deploy National Guard troops to U.S. cities can prompt federal court litigation over the limits of presidential authority.
October 06, 2025
high
legal
Domestic deployments of National Guard forces can raise constitutional and statutory questions that federal courts adjudicate.
Each U.S. state maintains its own National Guard units, which are commonly identified by the state's name (for example, the Illinois National Guard).
October 05, 2025
high
temporal
Explanation of the state-based organization of National Guard forces referenced in discussion of federal activation of Guardsmen.
National Guard units can be deployed to protect federal officers and federal assets.
October 05, 2025
high
military
The National Guard is used in some circumstances to provide physical protection for federal personnel and property.
Federal authorities can activate (federalize) National Guard members to protect federal property and federal employees, including agents of U.S. Immigration and Customs Enforcement and the Federal Protective Service, during violent demonstrations.
October 05, 2025
high
procedural
Used as a stated purpose for National Guard deployments in federal memos and authorizations.
Federal memos and threat assessments can be used to identify locations where National Guard members will be deployed based on evaluations of where violent demonstrations are likely to occur.
October 05, 2025
high
procedural
Deployment decisions may rely on formal assessments of threats and anticipated demonstrations.
State governors can oppose or refuse federal requests to deploy their state National Guard units, creating potential disputes with the federal government over troop activation.
October 05, 2025
high
legal
Tension between state and federal authority over control and use of National Guard forces is a recurring legal and political issue.
Federal courts can temporarily block federal efforts to deploy or federalize National Guard units by ruling that the government has not met applicable legal thresholds, such as demonstrating that protests constitute a rebellion.
October 05, 2025
high
legal
Judicial review can limit or delay federal deployments of National Guard forces when legal standards are contested.
The U.S. President can authorize the deployment of National Guard members to protect federal officers and federal assets in U.S. cities.
October 05, 2025
high
legal
Federal executive authority to use National Guard personnel for protection of federal personnel and property.
When National Guard units are federalized, they are placed under federal authority and the President of the United States assumes operational control of those units.
October 05, 2025
high
organizational
Describes the change in chain of command that occurs when National Guard units are federalized.
U.S. states and municipalities can seek injunctive relief in federal court, such as temporary restraining orders, to challenge federal government actions including deployments of National Guard or military forces.
October 05, 2025
high
legal
Describes a common legal mechanism for states and cities to challenge federal actions in federal jurisdiction.
The U.S. Secretary of Defense has authority to activate National Guard personnel for federal service and assign them to duties across state lines under applicable federal authorities.
October 05, 2025
high
operational
Describes federal activation and interstate deployment authority for National Guard personnel.
Under U.S. law, the federal government can federalize a state's National Guard by asserting a rebellion or similar basis, and courts can review whether the government has met the legal threshold for such a declaration.
October 04, 2025
high
legal
Federalization of state National Guard units is legally actionable and subject to judicial review of the factual/legal threshold (e.g., a rebellion).
A state governor can deploy National Guard resources for a locally declared emergency at the request of local authorities.
October 04, 2025
high
legal
Governors have authority to activate state National Guard forces to respond to local emergencies when requested.
U.S. federal courts can issue temporary restraining orders blocking federal deployment or federalization of state National Guard forces if the courts determine there is insufficient justification and that deployment could harm state sovereignty.
October 04, 2025
high
legal
Describes judicial authority to enjoin federal actions involving state National Guard on sovereignty and justification grounds.
The President of the United States has authority to federalize state National Guard troops to protect federal assets and personnel.
October 04, 2025
high
legal
Describes executive authority to place state National Guard forces under federal control for protection of federal interests.
State governors can challenge the federalization or deployment of their state's National Guard through legal action in federal court.
October 04, 2025
high
legal
Describes the ability of state executives to use the courts to contest federal control or deployment of state military forces.
State National Guard personnel, including members of the California National Guard, can be federalized and deployed to other states.
September 28, 2025
high
temporal
Describes the federalization process that allows state National Guard forces to be placed under federal control and sent to serve outside their home state.
Presidential proposals to deploy National Guard or other federal forces to domestic cities can prompt public opposition and legal challenges from state governors and municipal leaders.
August 24, 2025
high
political
Proposals to use military or National Guard forces in U.S. cities often raise tensions between federal and state or local officials.
Federalization is the process by which National Guard personnel are placed under federal control for deployment.
January 01, 2025
high
process
General definition of the term 'federalization' as used in U.S. governance and military deployment.
State National Guard forces are organized under state authority but can be federalized and deployed to other jurisdictions under federal authority.
January 01, 2025
high
process
Describes the dual state-federal role of U.S. National Guard units and the mechanism by which they can be used for federal missions.
In November 2023, Stephen Miller, then White House deputy chief of staff, said a second Trump administration would order National Guard units from Republican-led states to carry out immigration arrests or operations in Democrat-run states that refuse to cooperate with mass deportation efforts.
November 01, 2023
high
temporal
Policy proposal/statement about using state National Guard units across state lines for immigration enforcement.
National political leaders can use deployments of the National Guard as a policy option to respond to cities they characterize as being 'out of control'.
July 01, 2020
high
generalizable
Describes a recurrent policy tool for responding to perceived urban unrest.
National Guard units generally operate under state authority and control unless they are federalized under federal law, at which point they come under federal control.
February 14, 1903
high
institutional
The dual state-federal status of the U.S. National Guard and conditions for federal activation.
The Insurrection Act of 1807 authorizes the President of the United States to federalize National Guard units and deploy U.S. military forces nationally under specific circumstances, including insurrection.
March 03, 1807
high
legal
U.S. statutory authority governing federal deployment of military and National Guard forces.
When the Insurrection Act is invoked, federal forces, including the National Guard when federalized, can be authorized to exercise law enforcement powers comparable to those of local police officers.
January 01, 1807
high
legal
Legal consequence of invoking the Insurrection Act as an exception to usual limits on military involvement in domestic law enforcement.
The President of the United States is generally accorded substantial deference to federalize National Guard troops when regular law enforcement forces are unable to execute federal law.
medium
legal
Legal principle invoked in adjudication about federalization of National Guard forces.
The President of the United States may federalize National Guard troops, and courts generally afford significant deference to a presidential determination to federalize troops when regular law enforcement is unable to execute federal laws.
high
legal
Describes the general legal standard for federalizing National Guard forces in the United States.
The U.S. federal government has the authority to federalize National Guard units and deploy those federalized troops across state lines.
high
procedural
Describes the federal process by which National Guard units can be placed under federal control and sent to other states.
A U.S. federal district judge can issue an emergency temporary restraining order (TRO) to halt government actions such as the deployment or federalization of state National Guard troops.
high
procedural
Describes judicial authority to pause executive or federal actions on an emergency basis.
Federal statute 10 U.S.C. §12406 is a provision of U.S. law that is cited in legal disputes concerning the federalization and deployment of National Guard forces.
high
legal
Identifies a statutory provision commonly referenced in cases about federal deployment authority over National Guard units.
The U.S. Department of Justice has asserted that the President retains authority under federal law to deploy National Guard forces in response to incidents of domestic unrest.
high
legal-claim
Summarizes a stated legal position about executive authority to use National Guard forces for domestic security purposes.
A U.S. federal district court can issue a temporary restraining order to enjoin or block federal actions, including the deployment of National Guard troops.
high
legal
Federal courts have injunction authority to temporarily halt federal executive actions pending further proceedings.
National Guard troops can be mobilized in support of the Federal Protection Mission to protect federal functions, federal personnel, and federal property.
high
operational
Describes a routine role/mission assignment for National Guard forces supporting federal operations.