The National Guard is a unique military force in the United States that serves both the federal and state governments. This gives it a dual mission. The first is to perform state-specific missions under the control of the particular state governor and the second is to execute federal mission after being called to active duty by the United States president.
It is important to underscore the fact that each state and U.S. territory has its own National Guard unit and this particular unit is under the direct control of its governor. A state unit cannot cross state lines unless legally mobilized to help in another state and after official coordination. All units also cannot enforce laws by default.
However, under the authority of the U.S. president, units can be federalized and be placed under its command. This can be done either through the invocation of the Insurrection Act or Title 10 of the United States Code. The Insurrection Act gives the National Guard the power to enforce federal laws while Title 10 alone does not afford this power.
June 2025 Federalization of National Guard and California Immigration Protests
Donald Trump Jr. federalized about 2000 California National Guard members on 7 June 2025 via a presidential memorandum and using Title 10 of the U.S. Code to respond to alleged violence and civil disorders and protect Immigration and Customs Enforcement officers and other personnel during immigration-related protests.
The aforesaid move was made against the will of California Governor Gavin Newsom. Title 10 effectively removes the National Guard from the control of the state governor and places it under the control of the U.S. president being its commander-in-chief. Newsom argued that this action was purposely inflammatory and would escalate tensions.
Large-scale protests erupted in Los Angeles and other parts of California beginning on 6 June 2025 to oppose mass deportations and raids on immigrant communities by ICE officers. These protests were peaceful in some areas, but confrontational in others, especially near federal buildings and specific ICE offices in Los Angeles.
Newsom argued that military involvement in response to domestic protest, especially over a sensitive political issue like immigration, would undermine public trust, especially in cities like Los Angeles with large immigrant communities. It is also worth noting that handling protesters falls under the responsibility of local police forces.
Justification For Invoking Title 10 by the Trump Admin and Possible Legal Issues
Title 10 gives the U.S. president control over military forces like the National Guard but prohibits law enforcement actions inside the U.S. under the Posse Comitatus Act. Nevertheless, under Title 10, the Trump administration explains that the federalization of the National Guard was done to protect ICE officers and federal properties.
However, based on how Trump has undermined state-specific law enforcement efforts, his actions could set the stage for more militarized federal responses to protests and other legal forms of public grievances. The situation has raised questions about presidential overreach or the use of military power over an opposing state government.
It is true that the U.S. president can federalize the National Guard under Title 10. However, based on context, there is a gray area about whether this can be done without the consent of the involved governor, especially during peacetime or non-emergency domestic protests. Trump could argue that its action was done to aid federal law enforcement.
Newsom formally requested the Trump admin on 8 June 2025 to rescind what he considered its unlawful deployment of troops in Los Angeles and return the National Guard under his command. The governor also underscored the fact that the state had no problem until Trump got involved and the action is a breach of state sovereignty.
FURTHER READINGS AND REFERENCES
- Governor Gavin Newsom. 8 June 2025. “ICYMI: California Stands United Against Chaotic and Inflammatory Federal Takeover of California National Guard Unit.” Governor Gavin Newsom. State of California. Available online
- The White House. 7 June 2025. “Department of Defense Security for the Protection of Department of Homeland Security Functions.” The White House. Available online