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Federal law provides three main pathways the administration has used or invoked for National Guard deployment: the Insurrection Act and related federalization under 10 U.S.C. § 12406 (often described ...
State governors can authorize their National Guard to detain or arrest only when the Guard is serving under state control—typically State Active Duty or Title 32 status—and acting under state law or d...
Federal, D.C., and Pentagon rules combine a mix of local law, federal statutes (including the Insurrection Act/Posse Comitatus framework) and Department of Defense/Army policies to determine when and ...