LA riots: Can President Trump deploy the National Guard? All about the Insurrection Act
Tom Homan, President Donald Trump's border czar, announced plans to deploy the National Guard to Los Angeles in response to protests against ICE following immigration raids in the city.
In a Fox News interview, Homan said, 'We are making Los Angeles safer. Mayor Bass should be thanking us. She says they are going to mobilize—guess what? We are already mobilizing. We are going to bring the National Guard in tonight.'
California Governor Gavin Newsom quickly pushed back, calling Homan's remarks 'purposefully inflammatory.'
'The federal government is moving to take over the California National Guard and deploy 2,000 soldiers. That move is purposefully inflammatory and will only escalate tensions,' Newsom wrote on X.
'LA authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need,' he added. 'The Guard has been admirably serving LA throughout recovery. This is the wrong mission and will erode public trust.'
The authority to deploy the National Guard depends on whether the situation is a state or federal matter.
State Authority: As the commander-in-chief of the California National Guard, Governor Gavin Newsom has the primary authority to deploy the Guard for state-level emergencies, such as natural disasters, riots, or other public safety needs.
This is done under state active duty or Title 32 status, where the state retains control and typically covers the costs.
For example, during the 1992 Los Angeles riots, Governor Pete Wilson deployed the California National Guard to restore order.
Federal Authority: The President or the Secretary of Defense can federalize the National Guard under Title 10 status for national emergencies, homeland defense, or federal missions. This shifts control to the federal government, which then funds the deployment.
The President can also invoke the Insurrection Act of 1807 to deploy federalized National Guard units or federal troops. This is done when state authorities are unable to manage civil unrest or if federal laws are violated. This happened in 1992 when President George H.W. Bush invoked the Insurrection Act to send federal troops to assist in Los Angeles during the riots.
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