It Ain't a State! Federalizing DC Is Both Precedented AND Legal
Federalization of State National Guards — Trump’s not the first!
Federalization of State National Guards — Trump’s not the first!
President Donald Trump has federalized state National Guard units twice in 2025, first in Los Angeles and now in Washington, D.C., to address domestic challenges ranging from immigration protests to urban crime. These actions, invoking laws like the Insurrection Act and specific federal statutes, mark a continuation of a practice used by presidents since the nation’s founding to enforce federal authority or restore order when state resources are deemed insufficient or uncooperative. While the D.C. National Guard operates under direct presidential control due to the district’s unique status, the Los Angeles deployment involved overriding state objections, sparking legal challenges.
In Los Angeles, Trump federalized members of the California National Guard on June 1, 2025, under Section 12406 of Title 10, deploying them to support immigration enforcement amid anti-deportation protests. The move came over objections from Gov. Gavin Newsom, who argued it violated the Posse Comitatus Act of 1878, which limits military involvement in domestic law enforcement.
A federal trial began on August 11, 2025, to determine if the deployment was lawful, with a U.S. District Court judge hearing arguments on whether it constituted an improper use of military force in civilian matters. This was only the…