Since deploying the National Guard to Los Angeles and Washington, President Donald Trump has entertained the idea of sending troops to several of America’s most Democratic cities, claiming a need to address rising crime rates. This potential expansion of federal intervention has raised alarms among legal experts and military officials, suggesting that Trump's actions could echo conflicts reminiscent of the civil rights era.
Despite recent data indicating a decrease in violent crime in the cities Trump has targeted, he asserts that Democratic officials, such as Illinois Governor JB Pritzker, should request federal troop assistance, stating, "It’s out of control.” The legality of such actions remains debatable, especially as questions arise regarding whether Trump can replicate his interventions in Los Angeles and Washington in other cities.
Trump's initial deployment of the National Guard occurred in early June in Los Angeles, which was made despite objections from California Governor Gavin Newsom. By invoking Title 10, Trump placed the California National Guard under federal authority to protect federal properties from protests linked to immigration raids. His deployment included 4,000 Guard members and 700 active duty Marines, prompting a lawsuit from California that challenges the legality of using troops alongside federal law enforcement, which may violate the Posse Comitatus Act prohibiting military involvement in domestic law enforcement.
In Washington, D.C., however, Trump has utilized the unique status of the D.C. National Guard, enabling him to deploy troops freely for various tasks, including armed patrols and public cleanup, without facing legal challenges. Legal experts note that the governor's consent might be necessary for troop deployment in their respective states, which creates potential hurdles for Trump’s plans in places like Chicago.
Recent reports indicate that the Trump administration is contemplating a surge of federal officers in Chicago as part of an immigration enforcement initiative. The Department of Homeland Security has sought support from Naval Station Great Lakes for logistics related to these operations, although the Illinois National Guard has not received any mobilization requests.
If Trump intends to exercise authoritative control over the National Guard in Chicago, the most straightforward method would be to invoke the Insurrection Act, a broadly defined 1792 law allowing presidential deployment of federal troops for law enforcement purposes. This move could circumvent the restrictions of the Posse Comitatus Act and enable Trump to operate without state oversight.
Nonetheless, legal experts caution that invoking the Insurrection Act may be seen as a drastic measure and could allow indefinite deployment of troops. Furthermore, Trump could deploy the D.C. National Guard to another state under federal orders, which could lead to complicated legal and operational scenarios, potentially echoing historical tensions seen during the civil rights movement.
In a recent executive order, Trump tasked Defense Secretary Pete Hegseth with establishing a specialized unit within the D.C. Guard aimed at maintaining public safety. The directive also includes measures to ensure that other states' Guards are prepared to assist during emergencies involving civil disturbances. Details on the implementation of this order are forthcoming, as the Pentagon continues to review the specific requirements.
Currently, every state National Guard has a reaction force designed for rapid deployment in response to incidents, typically comprising 75-125 personnel ready within eight hours, with an additional 375 personnel within 24 hours. The D.C. National Guard, in particular, already has a unit comprised entirely of military police personnel prepared for such roles.
