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National Guard Title 32 Status and Posse Comitatus Act

The legal interpretation of National Guard units operating in Title 32 'hybrid' status and its relation to the Posse Comitatus Act's ban on federal military participation in domestic law enforcement.

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Jan 18, 2026
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How has the Posse Comitatus Act been interpreted when National Guard units operate under Title 32?

When National Guard units operate in Title 32 “hybrid” status, the prevailing legal interpretation is that they remain under state control and therefore are not subject to the Posse Comitatus Act’s ba...