Current Events: National Guard Troops Deployed to U.S. Cities

In 2025, during the first year of President Trump’s second term, he has deployed National Guard troops to several U.S. cities and plans to repeat these actions in even more cities. What is unusual about this situation is, normally, Governors of individual states, not the President, call up the Guard to respond when needed. In atypical circumstances for example when there is a state disaster of significant scale, Governors will ask for assistance from other states’ National Guard troops. While this controversy unfolds, it’s important to take a look at what the National Guard is and how it is meant to be used.

The National Guard is a collection of nearly half a million reserve civilian-soldiers ready to respond to state-level emergencies, like natural disasters. This unique branch of the military serves under both state and federal command, depending on need. According to the National Guard’s About Page, “When disaster strikes in the homeland, the National Guard stands ready to deploy and serve at a moment’s notice to protect life and property in our communities.”

The Council on Foreign Relations explains that The National Guard includes both the Army National Guard and the Air National Guard, and can be “activated and commanded by the governors of their respective states or territories.” Occasionally, however, “Guard personnel are called into federal service, or “federalized,” in which they become part of the federal armed forces,” according to the Brennan Center for Justice. To ensure against government overreach, there are legal restrictions on when and how the federal government can deploy troops for domestic matters. As such, federalized Guard troops are subject to the Posse Comitatus Act and the Insurrection Act.

The Posse Comitatus Act of 1878 was passed after Reconstruction and generally prohibits the U.S. military from acting as a domestic police force to execute federal laws unless specifically authorized by the Constitution or an Act of Congress. The Insurrection Act allows the President to deploy the military for domestic law enforcement during a crisis that is beyond the capacity of civilian authorities to manage. In the case of the recent deployments, authorities in Los Angeles, Washington D.C., Chicago, Memphis, and Portland have argued that they do not require assistance to manage their cities and have petitioned the President to call back the troops. President Trump, however, argues he will continue to use these forces. For example, he claims, “Portland is burning to the ground. It’s insurrectionists all over the place.” Residents of the city have mocked this assertion by rallying in costumes, planning a naked bike ride, and sitting in robes drinking tea in front of federal buildings.

Lawsuits have been filed to determine whether the use of force is justified in each of these cities. In September, U.S. District Judge Charles Breyer ruled that the Trump administration’s use of thousands of military troops in Los Angeles to patrol against protests was illegal and that the deployment violated the Posse Comitatus Act. In response, The Trump administration has appealed Judge Breyer’s ruling to the Ninth Circuit.

Essential Questions:

Essential Question #1 – How does the National Guard differ from other divisions of the US military?
Essential Question #2 – Who has authority over National Guard troops?
Essential Question #3 – What does the law say about domestic use of the military?

Vocabulary:

federalize – to bring under the control of a federal government
insurrection – a violent uprising against an authority or government
domestic – existing or occurring inside a particular country; not foreign or international

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