Getty ImagesPresident Donald Trump's deployment of the National Guard to several U.S. cities has raised a series of legal challenges from state and local officials.
Trump says his use of troops is necessary to quell violence in Democratic-controlled cities, fight crime and support his deportation initiatives.
His troops in Washington are expected to be reinforced following a gun attack in the nation's capital on Nov. 26 that wounded two security guards.
Trump has found himself on a collision course with several Democratic state governors who have resisted his deployment of the National Guard to several cities. They say the deployment is unnecessary and risks escalating tensions. Lawsuits have recently been filed in Illinois and Oregon.
As the legal battles continue, here's what you need to know.
What is the National Guard and who leads it?
The National Guard consists primarily of government troops who typically respond to major problems such as natural disasters or large protests.
All 50 US states, the District of Columbia, the territories of Guam, Puerto Rico and the US Virgin Islands have their own contingent of National Guard troops. These troops can also be deployed overseas, and some units specialize in fighting wildfires or securing the U.S. border.
Guard members ultimately report to the Department of Defense and, under certain circumstances, can be federalized or placed under presidential control. However, requests for its support usually begin at the state level.
In such circumstances, the state governor will deploy security troops during an emergency and may request additional assistance from the president or other states.
National Guard troops have limited power. They do not enforce the law or make arrests, seizures or searches. A law called the Posse Comitatus Act limits the federal government's ability to use military force to resolve domestic issues.
How is Trump trying to use the National Guard in US cities?
Trump has tried several times to circumvent the normal National Guard deployment process, including with his attempts to order Guard members from one state to another.
In June, he took control of the California National Guard to respond to protests against immigration raids in Los Angeles, although Gov. Gavin Newsom objected.
California has filed two cases against the Trump administration. One of them challenged Trump's seizure of the National Guard, but an appeals court ultimately ruled in the president's favor. In the second case, a federal judge found that Trump's use of security forces in Los Angeles violated the Posse Comitatus Act.
Over the summer, hundreds of National Guard troops were sent to Washington, D.C., to respond to what Trump called “a situation of complete and total lawlessness.” The president cited homelessness and crime rates as justification.
Trump further authorized the deployment of hundreds of guards in Chicago following immigration protests, particularly outside detention facilities.
Illinois Gov. J.B. Pritzker, a Democrat, said Trump was trying to “create a crisis” and filed his own lawsuit.
Trump also tried to send National Guard members from other states to Portland, Oregon, before a federal judge temporarily blocked it.
What legal basis is Trump using to deploy the National Guard?
A little-known provision of US military law governs the president's ability to independently deploy the National Guard. Until now, presidents have rarely used this.
US law allows the president to call up National Guard troops from any state if the United States is “invaded or threatened with invasion by a foreign power” or “there is insurrection or danger of insurrection” against the US government.
Trump used the law to take control of 2,000 National Guard troops in June to support raids conducted by Immigration and Customs Enforcement (ICE).
Defense Secretary Pete Hegseth also cited the law in a memo about deploying 200 Oregon National Guard members into federal service on Sept. 28.
“We have great confidence in the president's legal authority to do this,” White House press secretary Caroline Leavitt told reporters Oct. 6. “And we are very confident that we will win on the merits of the law.”
What is the National Guard doing in Washington?
In August, Guard members were deployed to Washington to combat crime that Trump called “out of control.”
The overall crime rate in the nation's capital has dropped since the troops were sent, which Trump attributes to the presence of troops on the streets.
According to Washington, D.C. police, there were 62 homicides between May 25 and November 25 this year (this category includes homicides).
This compares with 107 murders recorded during the same period last year.
Almost 6,500 offenses have been recorded by police since August 12, compared with around 9,500 for the same period in 2024.
After the attack on two National Guard members on November 26, Hegseth said the president asked him to send 500 more troops to the American capital.
Why does Trump want to use the National Guard in Portland?
Trump is again trying to use the National Guard to respond to demonstrations following protests outside the ICE building in Portland in early October.
Federal officers, including representatives from the Department of Homeland Security (DHS) and the Customs and Border Patrol (CBP) agency, clashed with protesters who opposed Trump's mass deportation initiative.
Trump said the city was “on fire,” but Oregon Gov. Tina Kotek, a Democrat, said there was “no insurrection in Portland, no threat to national security.”
The Trump administration decided to send 200 California National Guard troops to neighboring Oregon to respond to the protests.
U.S. District Judge Karin Immergut, whom Trump appointed during his first term, blocked Trump from federalizing the Oregon National Guard and issued a temporary restraining order against Trump stationing the California National Guard in Portland on Oct. 4 instead.
Since then, the Trump administration and the city of Portland have been embroiled in a legal battle that has reached the appeals court. The issue may end up in the Supreme Court.
