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Fact check: Can the president deploy National Guard troops across state lines without permission?
1. Summary of the results
Yes, the president can deploy National Guard troops across state lines without state governor permission, but only under specific legal frameworks and extraordinary circumstances. This power comes from two main sources:
- The Insurrection Act (sections 332-334 of Title 10 U.S. Code) [1]
- "10 U.S.C. 12406" which allows deployment in cases of rebellion or danger of rebellion against federal authority [2]
2. Missing context/alternative viewpoints
Several crucial pieces of context are missing from the original question:
*Historical Precedent:
- This power has only been used four times in the last century, all related to school desegregation [1]
- The most recent deployment before 2025 occurred in 1965 during the civil rights era [2]
- A recent example occurred when President Trump deployed 2,000 National Guard troops to Los Angeles without Governor Newsom's approval [3]
Important Limitations:
- Such deployment should be considered a "last resort" [4]
- When deployed, troops are limited in their roles - for example, in the Los Angeles case, they were restricted to protecting federal agents, not conducting law enforcement [3]
- The deployment carries significant risks, including:
- Potential threats to constitutional liberties
- Distraction of military personnel from core national security duties [4]
**3. Potential misinformation/bias in the original statement**
The original question oversimplifies a complex legal and political issue. Several groups have stakes in how this power is perceived:
Federal Government:
- Benefits from broader interpretation of presidential powers
- Can use this power to enforce federal authority when states resist [1]
State Governments:
- Local politicians like Governor Newsom have opposed such deployments as potentially "illegal" [3]
- States lose control over their National Guard units when federalized [1]
Law Enforcement:*
- Federal agencies like ICE benefit from additional protection and support [3]
- Local law enforcement may face conflicts of authority and jurisdiction
The question's simplicity might lead people to overlook the extraordinary nature of this power and its significant implications for federal-state relations.