Could Trump Legally Deploy National Guard In Other Cities? What To Know Amid DC Takeover
Military vehicles with the National Guard near the Washington Monument on August 12 in Washington, DC. Getty Images
Trump signed executive orders Monday directing his administration to take temporary control of Washington's Metropolitan Police Department (MPD) and deploy National Guard troops to the city, in order to combat what Trump has misleadingly claimed is a rise in crime.
The president suggested his actions in Washington will 'go further' and he'll take similar steps in other cities—singling out places including New York, Chicago, Baltimore and Oakland—with the Washington Post reporting on the possibility of a 'reaction force' of National Guard troops who are continually on guard to be deployed to various cities.
Trump's use of the police and military in Washington appear to be so far broadly legal, as the Home Rule Act that establishes Washington's governance allows the president to temporarily use the MPD for 'federal purposes,' and the president has more control over Washington's National Guard than troops in other states.
But the president would face more legal restrictions in other cities, Joseph Nunn, an attorney at the Brennan Center for Justice, told Forbes, saying, 'Most of what the Trump administration is doing in Washington DC is not repeatable anywhere else, at least in the same way.'
Trump could not influence local police forces in other cities the same way he can the MPD, as the federal law that gives him some sway over the city's police applies solely to Washington.
The president would have more options in deploying the military to other cities, Nunn said, though even then, his power is not absolute.
The clearest way Trump could do this is by invoking the Insurrection Act, which says that in the case of an insurrection or rebellion against the government, the president can deploy the military 'as he considers necessary to suppress the insurrection' or rebellion. The law is the primary exception to the Posse Comitatus Act (PCA), which generally prohibits the military from being used for domestic law enforcement, and other restrictions that broadly place National Guard troops under control of the state, rather than the federal government. 'The President absolutely can federalize a state's National Guard and deploy it into that state, or deploy active duty armed forces into that state, over the state's objections, and use them for law enforcement,' Nunn, whose work focuses on the military's domestic activities, told Forbes. He added, however, that the president's power is 'not infinite.' While the Insurrection Act is vaguely defined, likely giving the president a lot of latitude in how he uses the military, there are some restrictions. Trump could only use troops to specifically enforce federal law, for instance, with Nunn noting there's 'no circumstance in which the president can deploy the military into a city … and direct the military to enforce state and local law.' Trump has also so far seemed reluctant to use the Insurrection Act and instead invoked other laws when he sent troops to Los Angeles earlier this year, even though Nunn noted those laws have more restrictions. Can Trump Influence Other Cities' Police Forces?
No. Trump has unique influence over Washington's police force, given the provisions in the Home Rule Act that allow him to take over the MPD—though even that's not absolute, only letting him use the local police for 30 days without congressional approval. But those kinds of provisions don't exist for any other city, giving Trump little control over what local law enforcement does. 'There is no world in which the president can take control of [the New York Police Department] in the way that he has taken control of MPD, and Congress could not pass a statute that allowed the president to do so, because it would be unconstitutional,' Nunn said.
California federal Judge Charles Breyer is now considering whether Trump's previous use of National Guard troops to Los Angeles was legal, following a trial earlier this week over whether the deployment violated the PCA and its restrictions on using the military for law enforcement purposes. The outcome of the case could determine what power any state or local officials have to challenge Trump's use of the military in other cities, as the Trump administration argued California had no right to bring a civil lawsuit alleging the government violated the PCA because the law is a criminal statute. If Breyer sides with the Trump administration, that could essentially allow Trump to bring the military into cities and use troops for law enforcement without facing legal consequences, without needing a purported rebellion that could justify invoking the Insurrection Act. That's because local and state officials couldn't challenge his moves in court, and it's all but certain the Trump administration would not prosecute itself for violating the PCA. 'The Posse Comitatus Act has an enforcement problem,' Nunn acknowledged to Forbes. Surprising Fact
The cities that Trump has suggested he could make inroads into next have all recently reported significant decreases in crime. New York City reported its fewest number of shooting incidents in recorded history in the first quarter of 2025, as well as its second-lowest number of murders, and total crime in the city went down by 11%. Chicago also recorded a historic drop in violent crime in the first half of 2025, with the rate of shootings and homicides going down by more than 30%, while crime in Oakland dropped by 28% during the first six months of 2025, as compared with the same timeframe in 2024. In Baltimore, officials announced in July that the city experienced a 23% decrease in homicides and a 20% drop in non-fatal shootings during the first half of the year as compared with 2024, and the number of homicides through June is the lowest it's been in more than 50 years. That kind of drop didn't stop Trump in Washington, however: The president's use of the military in the capital city came after it reported crime in 2024 was at a 30-year low. Key Background
Trump deployed the military to Washington DC and took over the city's police department Monday after long decrying the Democratic-led city and its purported crime rate, claiming on Truth Social Saturday that Washington 'has become one of the most dangerous cities anywhere in the World.' The president's deployment of the military in Washington and Los Angeles marks an escalation for the Trump administration and its response to purported crime in Democratic-led cities, which the president has long complained about. Trump previously used the National Guard several times during his first term in more limited capacities, including deploying troops to the southern border and in response to some Black Lives Matter protests in 2020. Further Reading Forbes Can Trump Legally Control D.C.'s Police Department And Deploy National Guard? What To Know By Alison Durkee Forbes Trump Claims He Can Extend DC Police Control Without Congress—Here's Why That's False By Alison Durkee
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