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Fact check: Can a governor deploy their state guard in another state

Checked on June 9, 2025

1. Summary of the results

The analyses conclusively show that a governor cannot unilaterally deploy their state guard to another state [1] [2]. This limitation stems from the principle of territorially limited sovereignty between states [2]. While deployment across state lines is possible, it requires either:

  • Federal authorization/intervention [3]
  • Pre-arranged mutual aid agreements like EMAC [3]
  • Presidential federalization under specific circumstances [4]

2. Missing context/alternative viewpoints

Several crucial pieces of context are important to understand:

  • The President has the power to federalize National Guard troops without a governor's consent under specific circumstances, including:
  • Cases of rebellion
  • Invasion
  • When regular forces cannot execute laws [1]
  • This presidential power was demonstrated in a recent case where President Trump deployed 2,000 California National Guard troops against Governor Newsom's wishes [5]
  • This type of federal intervention is extremely rare, with the previous occurrence dating back to 1965 [4]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal and constitutional arrangement:

  • It fails to acknowledge the dual nature of state guard control between state and federal authorities [4]
  • It doesn't recognize the existence of legal frameworks for interstate cooperation like EMAC [3]
  • The question of state guard deployment has become politically charged, as evidenced by Governor Newsom's characterization of federal intervention as a "serious breach of state sovereignty" [5]

This issue particularly affects:

  • State governors who might want to maintain complete control over their National Guard
  • Federal authorities who benefit from maintaining ultimate control over interstate military operations
  • Political actors who can use this issue to argue for or against state sovereignty
Want to dive deeper?
What is the difference between National Guard and State Guard units?
Can the federal government prevent a governor from deploying state forces?
What legal authority do governors have over their state military forces?
Have there been historical cases of interstate state guard deployments?
What role does the Posse Comitatus Act play in state guard operations?