News
How and Where the National Guard Has Deployed to U.S. Cities
Since taking office, President Trump has relied on the National Guard to help implement a sweeping agenda on crime and immigration, kicking off a blitz of deployments that have rattled cities, tested the limits of his legal authority, and drawn in the Supreme Court.
So far, Mr. Trump has called upon the military force to help stop illegal crossings at the southern border and staff immigration facilities; to guard federal property and personnel amid protests in Chicago, Los Angeles and Portland, Ore.; and to back crime-fighting efforts in Washington, D.C., and Memphis. He has done all this while publicly mulling similar actions in cities like Baltimore, New Orleans and San Francisco.
National Guard deployments to U.S. cities
Who is in charge of National Guard deployments?
The deployments, which have provoked fierce lawsuits from state and local leaders, are not all on the same legal footing. The main difference, according to experts in armed forces law, comes down to who commands the Guard: the president, or the governor of an individual state.
Who approves the deployment?
Governor
Both president and governor
President
Who commands the Guard?
Governor
Governor
President
How is the Guard paid?
State funds
Federal funds
Federal funds
Can the Guard perform law enforcement duties?
Yes, unless prohibited by state law
Yes, unless prohibited by state law
No, with narrow exceptions
When called into action by a governor responding to a state-level emergency, the Guard serves under a status known as state active duty, under which there is no general prohibition against troops conducting law enforcement. In recent years, Guard members under that status have policed the southern border, patrolled New York City’s subway platforms and helped support crime-fighting efforts in Albuquerque.
But when deployed under the president’s command — typically, when called to train or fight overseas — National Guard troops become federalized and are subject to a section of the U.S. Code known as Title 10, the same laws governing other active-duty military branches.
Where National Guard troops have deployed under Title 10
Crucially, troops under that status are forbidden, with narrow exceptions, from performing law enforcement under the Posse Comitatus Act of 1878, which came about after the federal government withdrew troops from the Southern states defeated in the Civil War.
In Chicago, Los Angeles and Portland, where Mr. Trump has deployed the Guard over governors’ objections, he has done so by placing the troops directly under federal control — itself a legally contentious move. As a result, troops’ activities there are largely restricted to guarding federal property.
A third status, known as Title 32, combines aspects of state and federal duty. In that hybrid designation, Guard troops remain under their governor’s command, but the deployment receives federal funding and comes at the request of the president or secretary of defense.
Where National Guard troops have deployed under Title 32
In Memphis, where the governor is commanding the Guard mission at Mr. Trump’s urging, and in Washington, D.C., where the president has authority over the local Guard, troops have deployed under a hybrid status. Guard soldiers in those cities have more openly patrolled the streets, but they have so far steered clear of serving warrants or making arrests.
Military law experts say the distinction between those different deployment statuses is critical not only to what troops can do on the ground but also to how courts will weigh the legal questions posed by Mr. Trump’s rapid assumption of power.
“There is very little case law on all of this,” said Elizabeth Goitein, a senior director at the Brennan Center for Justice at New York University’s law school, “partly because domestic deployment of the military has happened extremely sparingly in our nation’s history.”
What the courts say
In court, the Trump administration has argued that the president has broad authority to federalize the National Guard anywhere in the country, at any time, whenever he feels it is necessary to enforce the law or suppress disorder.
That power, federal lawyers say, extends from an obscure, rarely invoked statute that gives the president authority to federalize the force in times of rebellion, invasion or when the president is otherwise unable to enforce federal law.
But the Trump administration has gone further, arguing that the same statute grants the president a sweeping exemption from the Posse Comitatus Act, the law barring the use of federal soldiers for law enforcement. Presidents typically have had to invoke the Insurrection Act, an extreme step, to claim such an exemption.
Further complicating the issue are Mr. Trump’s moves to deploy the National Guard across state lines, a step usually taken only with the consent of all parties involved, said Mark Nevitt, an associate professor at Emory University School of Law.
Mr. Trump has pushed to deploy federalized Guard troops from Texas to Chicago, and troops from California to Portland, while several Republican governors have agreed to send troops under their command to Washington, D.C.
National Guard troops that have deployed to another state
State leaders in California, Illinois and Oregon have contested the Trump administration’s arguments in court, and rulings so far have been divided. The administration has recently appealed to the Supreme Court in the Illinois case, setting the stage for a high-stakes decision that could shape how the Guard is used moving forward.
Officials in Tennessee and Washington, D.C., have also challenged the deployments to their cities.
Military law experts described Mr. Trump’s actions as a rarity in U.S. history, highlighting that the president’s aggressive maneuvering of federalized Guard troops comes in the face of protests far more subdued than the kind of mass unrest that has been used to justify their use in the past.
But Kevin Greene, a co-director of the University of Southern Mississippi’s Center for the Study of the National Guard, said it also strikes at a question dating back to the country’s earliest days, and the founders’ skepticism of a standing army on domestic soil.
“The history of the United States is about the pendulum swinging back and forth as it relates to the militia and the National Guard, as to who has authority over it, and who should,” he said.
Former president Bill Clinton is scheduled to give deposition Friday to a congressional committee investigating his links to Jeffrey Epstein, one day after Hillary Clinton testified before the committee and called the proceedings “partisan political theatre” and “an insult to the American people”.
During remarks before the House oversight committee, Hillary Clinton, the former secretary of state, insisted on Thursday that she had never met Epstein.
The former Democratic president, however, flew on Epstein’s private jet several times in the early 2000s but said he never visited his island.
Clinton, who engaged in an extramarital affair while president and has been accused of sexual misconduct by three women, also appears in a photo from the recently released files, in a hot tub with Epstein and a woman whose identity is redacted.
Clinton has denied the sexual misconduct claims and was not charged with any crimes. He also has not been accused of any wrongdoing connected to Epstein.
Epstein visited the White House at least 17 times during the early years of Clinton’s presidency, according to White House visitor records cited in news reports. Clinton said he cut ties with him around 2005, before the disgraced financier, who died from suicide in 2019, pleaded guilty to solicitation of a minor in Florida.
The House committee subpoenaed the Clintons in August. They initially refused to testify but agreed after Republicans threatened to hold them in contempt.
The Clintons asked for their depositions to be held publicly, with the former president stating that to do so behind closed doors would amount to a “kangaroo court”.
“Let’s stop the games + do this the right way: in a public hearing,” Clinton said on X earlier this month.
The committee’s chair, James Comer, did not grant their request, and the proceedings will be conducted behind closed doors with video to be released later.
On Thursday, Hillary Clinton’s proceedings were briefly halted after representative Lauren Boebert leaked an image of Clinton testifying.
During the full day deposition, Clinton said she had no information about Epstein and did not recall ever meeting him.
Before the deposition, Comer said it would be a long interview and that one with Bill Clinton would be “even longer”.
CASE 0:26-cv-00107-PJS-DLM
Doc. 12-1 Filed 02/26/26
Page 5 of 17
and to file a status update by 11:00 am on January 20. ECF No. 5. Respondents never provided a bond hearing and did not release Petitioner until January 21, ECF Nos. 10, 12, after failing to file an update, ECF No. 9. Further, Respondents released Petitioner subject to conditions despite the Court’s release order not providing for conditions. ECF Nos. 5, 12–13.
Abdi W. v. Trump, et al., Case No. 26-CV-00208 (KMM/SGE)
On January 21, 2026, the Court ordered Respondents, within 3 days, to either (a) complete Petitioner’s inspection and examination and file a notice confirming completion, or (b) release Petitioner immediately in Minnesota and confirm the date, time, and location of release. ECF No. 7. No notice was ever filed. The Court emailed counsel on January 27, 2026, at 10:39 am. No response was provided.
Adriana M.Y.M. v. David Easterwood, et al., Case No. 26-CV-213 (JWB/JFD)
On January 24, 2026, the Court ordered immediate release in Minnesota and ordered Respondents to confirm the time, date, and location of release, or anticipated release, within 48 hours. ECF No. 12. Respondent was not released until January 30, and Respondents never disclosed the time of release, instead describing it as “early this morning.” ECF No. 16.
Estefany J.S. v. Bondi, Case No. 26-CV-216 (JWB/SGE)
On January 13, 2026, at 10:59 am, the Court ordered Respondents to file a letter by 4:00 pm confirming Petitioner’s current location. ECF No. 8. After receiving no response, the Court ordered Respondents, at 5:11 pm, to immediately confirm Petitioner’s location and, by noon on January 14, file a memorandum explaining their failure to comply with the initial order. ECF No. 9. Respondents did not file the memorandum, requiring the Court to issue another order. ECF No. 12. On January 15, the Court ordered immediate release in Minnesota and required Respondents to confirm the time, date, and location of release within 48 hours. ECF No. 18. On January 20, having received no confirmation, the Court ordered Respondents to comply immediately. ECF No. 21. Respondents informed the Court that Petitioner was released in Minnesota on January 17, but did not specify the time. ECF No. 22.
5
James Hickman holds a photo montage of the late Rev. Jesse Jackson before a public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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Nam Y. Huh/AP
CHICAGO — A line of mourners streamed through a Chicago auditorium Thursday to pay final respects to the Rev. Jesse Jackson Sr. as cross-country memorial services began in the city the late civil rights leader called home.
The protege of the Rev. Martin Luther King Jr. and two-time presidential candidate will lie in repose for two days at the headquarters of the Rainbow PUSH Coalition before events in Washington, D.C., and South Carolina, where he was born.
Family members wiped away tears as the casket was brought into the stately brick building. Flowers lined the sidewalks where people waiting to enter watched a large screen playing video excerpts of Jackson’s notable speeches. Some raised their fists in solidarity.
The casket with the Rev. Jesse Jackson arrives before a public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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Inside, Jackson’s children, Chicago Mayor Brandon Johnson and the Rev. Al Sharpton were among those who stood by the open casket to shake hands and hug those coming to view the body of Jackson, dressed in a suit and blue shirt and tie.
“The challenge for us is that we’ve got to make sure that all he lived for was not in vain,” Sharpton told reporters. “Dr. King’s dream and Jesse Jackson’s mission now falls on our shoulders. We’ve got to stand up and keep it going.”
The Rev. Al Sharpton speaks as Jesse Jackson Jr. listens after the public visitation for the Rev. Jesse Jackson at Rainbow/PUSH Coalition in Chicago on Thursday.
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Jackson died last week at age 84 after battling a rare neurological disorder that affected his mobility and ability to speak in his later years.
Remembrances have already poured in from around the globe, and several U.S. states, including Minnesota, Iowa and North Carolina, are flying flags at half-staff in his honor.
But perhaps nowhere has his death been felt as strongly as in the nation’s third-largest city, where Jackson lived for decades and raised his six children, including a son who is a congressman.
Bouquets have been left outside the family’s Tudor-style home on the city’s South Side for days. Public schools have offered condolences, and city trains have used digital screens to display Jackson’s portrait and his well-known mantra, “I am Somebody!”
People wait to enter the security checkpoint for the public visitation for the Rev. Jesse Jackson at Rainbow/PUSH Coalition in Chicago on Thursday.
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His causes, both in the United States and abroad, were countless: Advocating for the poor and underrepresented on issues including voting rights, job opportunities, education and health care. He scored diplomatic victories with world leaders, and through his Rainbow PUSH Coalition, he channeled cries for Black pride and self-determination into corporate boardrooms, pressuring executives to make America a more open and equitable society.
“We honor him, and his hard-earned legacy as a freedom fighter, philosopher, and faithful shepherd of his family and community here in Chicago,” the mayor said in a statement.
Next week, Jackson will lie in honor at the South Carolina Statehouse, followed by public services. According to Rainbow PUSH’s agenda, Gov. Henry McMaster is expected to deliver remarks; however, the governor’s office said Thursday that his participation wasn’t yet confirmed. Jackson spent his childhood and started his activism in South Carolina.
Details on services in Washington have not yet been made public. However, he will not lie in honor at the United States Capitol rotunda after a request for the commemoration was denied by the House Speaker Mike Johnson’s office.
The two weeks of events will wrap up next week with a large celebration of life gathering at a Chicago megachurch and finally, homegoing services at the headquarters of the Rainbow PUSH Coalition.
Family members said the services will be open to all.
“Our family is overwhelmed and overjoyed by the amazing amount of support being offered by common, ordinary people who our father’s life has come into contact with,” his eldest son, Jesse Jackson Jr., said before the services began. “This is a unique opportunity to lay down some of the political rhetoric and to lay down some of the division that deeply divides our country and to reflect upon a man who brought people together.”
The family of the Rev. Jesse Jackson arrives as Yusep Jackson wipes his eyes before public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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The services included prayers from some of the city’s most well-known religious leaders, including Chicago Cardinal Blase Cupich. Mourners of all ages — from toddlers in strollers to elderly people in wheelchairs — came to pay respects.
Video clips of his appearances at news conferences, the campaign trail and even “Sesame Street” also played inside the auditorium.
Claudette Redic, a retiree who lives in Chicago, said her family has respected Jackson, from backing his presidential ambitions to her son getting a scholarship from a program Jackson championed.
“We have generations of support,” she said. “I’m hoping we continue.”
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