Fact Check: Trump's Actions Could Redefine Federal Authority Over State National Guards
What We Know
In June 2025, President Donald Trump issued a memorandum calling up members of the National Guard under 10 U.S.C. 12406 to protect federal personnel and property amid protests against federal immigration enforcement actions. The memorandum indicated that at least 2,000 National Guard personnel would be deployed for a duration of 60 days, with the Secretary of Defense having the authority to coordinate with state governors and the National Guard Bureau for the deployment (Department of Defense Security for the Protection of Department of Homeland Security Functions, 2025) [source-1].
Additionally, a U.S. appeals court ruled that Trump could maintain control over National Guard troops he deployed to Los Angeles, despite objections from local officials and California Governor Gavin Newsom. The court found that Trump's actions were within his rights to protect federal personnel and property, although it noted that his decision was not completely insulated from judicial review (US court allows Trump to keep control of National Guard in LA, 2025) [source-2].
Analysis
The claim that Trump's actions could redefine federal authority over state National Guards is supported by legal precedents and recent court rulings. The appeals court's decision affirmed Trump's authority to call up the National Guard without needing explicit consent from state governors, which has not been the norm in recent history. This ruling could set a precedent for future federal interventions in state matters, particularly in situations involving civil unrest or federal law enforcement actions (US court lets Trump keep control of California National Guard, 2025) [source-3].
However, the ruling also highlighted that Trump's actions were not without legal scrutiny. The lower court had previously ruled that Trump acted illegally by not following the proper procedures for mobilizing the National Guard, indicating that there are still legal boundaries to presidential authority in this context (Trump Is Calling Up National Guard Troops Under a Rarely Used Law, 2025) [source-4]. Critics, including Governor Newsom, have argued that such federal actions could undermine state sovereignty and lead to an authoritarian use of military force against citizens (States say Trump 'dramatically worsened the situation' in LA, 2025) [source-6].
The reliability of the sources used in this analysis is generally high, as they come from established news organizations and official government documents. However, the interpretation of these events can vary based on political perspectives, which may introduce bias in how the information is presented.
Conclusion
The claim that Trump's actions could redefine federal authority over state National Guards is Partially True. While recent legal rulings support the notion that the federal government can exert significant control over state National Guards in specific circumstances, there are still legal challenges and limitations to this authority. The situation remains fluid, and ongoing legal battles may further clarify the extent of federal power in this area.
Sources
- Department of Defense Security for the Protection ...
- US court allows Trump to keep control of National Guard in ...
- US court lets Trump keep control of California National ...
- Trump Is Calling Up National Guard Troops Under a Rarely ...
- Qui est Massad Boulos, ce libanais conseiller de TRUMP
- States say Trump 'dramatically worsened the situation' in LA
- Trump allowed to keep control of National Guard troops ...
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