Syllabus 8
If National Guard is Deployed in Your State
In the summer of 2025, President Trump sent federal troops and National Guard units into Los Angeles and Washington, D.C. — turning military power inward on the American people. By fall, he extended this dangerous pattern, deploying troops to Memphis with the consent of the Governor, and attempting to send forces into Chicago and Portland until he was blocked by federal courts. Now, he’s threatening to do the same across the United States.
These deployments are illegitimate, dangerous, and undemocratic. Using the military to police our communities is an abuse of power that endangers lives, escalates violence, and erodes our freedom.
This resource exists to help communities push back — to know their rights, expose the truth, and organize against this unjust military intervention in our cities. Together, we can defend our democracy and protect our right to protest, assemble, and live free from government intimidation.
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The National Guard is a reserve military force of over 400,000 mostly part-time members who can be called up in times of emergency. Each U.S. state, the District of Columbia, and the territories of the U.S. Virgin Islands, Puerto Rico, and Guam has its own National Guard, which includes the Army National Guard and the Air National Guard (Air Force). The National Guard operates under both state and federal authority, except in D.C., where it is under the command of the President.
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Throughout U.S. history, Presidents and Governors have deployed the National Guard domestically for disaster relief, to suppress protests, or to uphold federal laws — with very mixed consequences or outcomes:
Disaster Response: The Guard has often played a role in responding to hurricanes, floods, and wildfires, such as during Hurricane Katrina (2005) and to the COVID-19 pandemic.
Civil Rights Enforcement: During the 1950s–60s, President Eisenhower, and then Kennedy deployed Guard to enforce desegregation (e.g., Little Rock, 1957) to enforce SCOTUS’ Brown v. Board of Education ruling.
Protest Suppression: The Guard has been used repeatedly to control demonstrations, sometimes by Governors (Kent State in 1970, Ferguson in 2014, Minneapolis in 2020), and by Presidents (George Bush during the Rodney King uprising in 1992) — often leading to violence against civilians.
Border and Immigration Enforcement: In recent decades, some governors and presidents have deployed Guard troops to the U.S.-Mexico border, sparking controversy over their role in policing and immigration enforcement.
Chapter 15 of Title 10 of the United States Code (10 U.S.C. §§ 271-284) explains how the military, including the National Guard, can support civilian law enforcement. They can share information related to crimes, loan equipment and facilities, give training or technical help, and assist in major emergencies. Police can also obtain surplus military gear through the Department of Defense.
For protesters, ordinarily the military has not been allowed to perform direct law enforcement activities (except under limited exceptions). Generally, under the Posse Comitatus Act, military and national guard members cannot arrest people, search people, or police demonstrations. Their involvement is limited to support behind the scenes, such as equipment or intelligence. Even if police are using military gear, troops themselves are not supposed to engage in crowd control or protest policing.
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Under normal constitutional procedure, the governor of each state controls their National Guard and can deploy it to respond to natural disasters, civil unrest, or other local emergencies (as determined by a State’s constitution and laws). However, the President can “federalize” the Guard, which allows taking command away from the state, under certain laws such as the Insurrection Act or Title 10 of the U.S. Code.
Under the Insurrection Act or 10 U.S.C. Sec. 12406, “extreme situations” like invasion, rebellion, or circumstances which prevent the execution of federal law with regular forces provide the President the authority to deploy the National Guard (and other military forces) and they can engage in law enforcement activity.
Without a state Governor’s consent, a President cannot legally send the National Guard into a state merely to police protests, “restore order,” or target political opposition. Federal courts have ruled that Trump’s deployments of the National Guard to Chicago and Portland given these rationales were unconstitutional, but we are awaiting a decision from the U.S. Supreme Court.
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Stay Informed: Follow local news, official city or state announcements, and trusted activist networks to know where troops are being deployed.
Know Your Rights: You have the right to peaceful assembly and protest. Use this guide.
Document Safely: You have the right to record or film interactions with the police (but you should check your state’s laws). If you witness unlawful or aggressive actions by troops, record video, take notes, and share with legal observers — but always prioritize your safety.
If Stopped by Law Enforcement Officers: Remain silent. Your goal should be to leave the situation as soon as possible. To do this, you can ask the officer, “Am I free to go?”
If Arrested - Connect with Legal Support: Reach out to organizations that provide legal aid and rapid response for activists, such as the ACLU or local civil rights groups.
Use Your Voice: Contact your state and federal representatives to demand that deployments be stopped immediately.
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Increased Law Enforcement Presence and Tactics
Guard members are often trained for military operations, not crowd management.
Riot-control measures like tear gas, rubber bullets, sound cannons, and mass arrests could be used.
Their presence can escalate tensions, even in peaceful demonstrations.
Legal Risks
Arrests are more likely, and charges may include resisting arrest, unlawful assembly or forcibly assaulting/impeding/hindering/intimidating a federal officer.
In some cases, local authorities may attempt to enforce curfews or restricted zones.
For undocumented individuals protesting, there is an increased risk of deportation.
Physical Safety Risks
Proximity to heavily armed forces increases the risk of injury.
Crowds may panic if troops advance or use crowd-control tactics, creating stampede or crush hazards.
Surveillance and Targeting
The presence of military units often means increased surveillance.
Activists may be photographed, recorded, or tracked, raising concerns about future targeting or legal action. description
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