How legal is Donald Trump's move to deploy California's National Guard in Los Angeles? Explained

According to the Posse Comitatus Act of 1878, the US military, including the National Guard, is forbidden from participating in regular civil law enforcement.

Updated on: Jun 9, 2025, 10:17:59 IST

By Nikita Sharma

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To quell the ongoing protests in California’s Los Angeles, the United States’ second biggest city, President Donald Trump deployed National Guard troops in the state over the weekend. Following this, the protests only intensified as demonstrators put cars on fire and even scuffled with security forces in Los Angeles.

Trump called the members and units of the National Guard into Federal service under 10 U.S.C. 12406 on June 7. (Getty Images via AFP)

The governor of California, Gavin Newsom, has opposed the deployment of the National Guard troops and has asked Trump to take it back.

California’s National Guard is a standby military usually controlled by the state's governor, reported AFP.

“I have formally requested the Trump Administration rescind their unlawful deployment of troops in Los Angeles County and return them to my command,” Newsom said in a post on X.

Track live updates of LA protests here.

“We didn’t have a problem until Trump got involved. This is a serious breach of state sovereignty — inflaming tensions while pulling resources from where they’re actually needed. Rescind the order. Return control to California,” he added.

People in LA are protesting against the raids by immigration officials that have led to the arrests of dozens of people. These people, according to the authorities, are illegal migrants and gang members, reported AFP.

Also read: Tear gas, rubber bullets fired as protests flare up in Los Angeles after Trump’s National Guard deployment | 10 points

However, the question that looms large is whether Trump’s move to deploy National Guard troops is legal or not.

What law did Trump use to ‘protect’ ICE officials?

To deploy at least 2,000 National Guards troops in California under federal service, Trump used the Title 10 of the U.S. Code.

Terming the protests in LA as a possible “form of rebellion”, Trump used the provision of Title 10 - Section 12406 which allows any state’s National Guard in federal service whenever-

(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;

(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or

(3) the President is unable with the regular forces to execute the laws of the United States;

“the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws,” says the provision.

Can National Guard troops arrest protestors?

According to the Posse Comitatus Act of 1878, which is at the center of the ongoing dispute over the deployment, the US military, including the National Guard, is forbidden from participating in regular civil law enforcement.

It was enacted in response to the abuses resulting from the extensive use of the army in civil law enforcement during the Civil War and the Reconstruction, according to the US Department of Justice. However, the Act allows legislated exceptions.

While Section 12406 used by Trump does not override this prohibition, it allows the troops to “protect” ICE and other United States Government personnel.

This means that the National Guard troops cannot arrest protesters in LA, according to a Reuters report.

Can Trump’s move be legally challenged?

While the state of California could sue Trump over the deployment, citing that the protests did not rise to the level of a “rebellion”. However, that would be a lengthy process and the protests might be over before the lawsuit’s conclusion, Reuters reported citing experts.

Also, according to 10 U.S.C. 12406, orders for the deployment of National Guard under the said three circumstances “shall be issued through the governors of the States”, which is yet another point that could be challenged. However, according to legal experts, this argument might not hold much value. That is because the language likely reflects the way the troops are generally deployed but doesn’t really provide the state governor an option to not comply with the President’s order, the Reuters report added.

With inputs from AFP, Reuters.

ABOUT THE AUTHOR
Nikita Sharma
Nikita Sharma is a Senior Content Producer with Hindustan Times. She is a Delhi-based digital journalist with five years of experience writing and editing news stories across beats including crime, politics, tech, trends and much more, both national and international. At Hindustan Times, she is part of the news team and focuses on breaking news, keeping a track of what is happening where, and chasing ever-developing news stories. She has a penchant for covering crime, geopolitics, and Indian politics with a keen eye for stories often overlooked in the daily news cycle. At Hindustan Times, she has extensively covered several key events including the US Presidential elections, Air India plane crash, Pahalgam terror attack and Operation Sindoor, US’ tariff war, and others. As a Delhi aficionado, she particularly enjoys roaming and writing about the national capital — its heritage, food, art and culture, and the many problems that come with it — the pollution, waterlogging, traffic, and more. Nikita did her Bachelor in Journalism and Mass Communication from GGSIPU and started working as a digital journalist in 2021. During her first stint, she covered hyperlocal news at a Delhi-based newsroom, writing and editing stories on builder-buyer conflicts, civic issues such as potholes, waterlogging, lack of facilities at hospitals in Delhi, crippling of the city during peak monsoon season. She also wrote features covering Delhi’s art exhibitions, heritage walks, artist profiles, museums, classical Hindustani music concerts and dance shows. She entered mainstream news in 2023 and has previously worked at NDTV.Read More

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