What You Need to Know if the National Guard Is Deployed to Your State by the Trump Regime.

First, Know Your Rights (KYR).

You have the same rights under the U.S. Constitution and state law regardless of the law enforcement officer - a National Guard member, police, ICE, FBI, military troops, etc. - purportedly enforcing the law. It is important to know your rights in your state and assert them!

What is the National Guard?

The National Guard is a military force composed of the Army and Air National Guard who are engaged on an as-needed basis in states and D.C. The National Guard is commanded by the Governor.

Martial Law vs Insurrection Act

The Insurrection Act generally permits the military to assist civilian authorities (whether state or federal), not take their place. Under current law, the president has no authority to declare martial law. Additionally, martial law declarations are subject to judicial review.

When Can the National Guard Be Deployed in Your City by the President?

National Guard may be deployed by the President to execute state/federal missions with the consent of a State Governor.
The President may invoke the National Guard to be deployed in a state for a limited set of circumstances, with or without the consent of that Governor. If the President federalizes the National Guard, the National Guard is under the same chain of command as active-duty military, with federalized National Guard troops now falling under the command of the Secretary of Defense and POTUS.

The President can deploy troops if a State’s Governor asks for aid to suppress an insurrection in the state. (Title 10 USC § 251).
The President can deploy troops to suppress an “insurrection,” “rebellion” or “domestic violence” that prevents the execution of laws with or without the consent of the Governor. (The Insurrection Act, Title 10 USC §§ 251-55).
The President can deploy troops to stop an “invasion” by a foreign nation, a “rebellion” against the authority of the government of the U.S. or is unable to execute the law. (Title 10 USC § 12406).

“FYI: How the National Guard Was Deployed Violated the Posse Comitatus Act (PCA)

California sued the Trump Administration claiming the actions of TF51 violated the PCA. Judge Charles R. Breyer of the Northern District of California ruled that the Trump Administration willfully violated the PCA when the Department of Defense (DOD) systematically used armed soldiers and military vehicles to set up protective perimeters and traffic blockages, engage in crowd control and otherwise demonstrate a military presence in and around LA. The Trump administration is appealing this decision to the Ninth Circuit Court of Appeals. This decision only applies to CA, but it’s precedential for other States.”

The District of Columbia:

Currently, D.C. is occupied by the D.C. National Guard and National Guard units from other states. D.C. is different because it is not a state, so the PCA does not apply and National Guard units from other States can be deployed to D.C.

There is also a Home Rule statute that allows the President to demand the assistance of the D.C. Metropolitan Police and to deploy the D.C. National Guard.

D.C. is currently challenging the deployment and federalization of National Guard units from other states.

Unresolved Issues Pertaining to State National Guard Units:

A State Governor has not deployed that State’s National Guard to another State without the consent of the receiving Governor. It would violate state sovereignty & subject to litigation.
An unresolved issue is whether the President can commandeer a State’s National Guard when a Governor has actively deployed that National Guard.
An unresolved question is whether the President can order one State’s National Guard units to deploy to another state and engage in civilian law enforcement pursuant to 32 U.S.C. § 502(f)

The legality of this order is questionable and it has not yet been challenged in court.

What You Can Do to Prepare:

There is so much to learn from organizers in other cities who have deterred or experienced military occupations. They have organized mass demonstrations and public gatherings; distributed Know Your Rights (KYR) materials and conducted massive KYR trainings; established mutual aid hubs and networks; created rapid response teams to document and spread news of immigration/troop sighting to ensure people’s safety; demanded elected officials speak out and pass city/county legislation/resolutions condemning troops in cities, demanded elected officials issue executive orders precluding local law enforcement officials from cooperating with federal immigration authorities and military troops and more.