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National Guard Faces Legal and Political Battle Over Trump’s Immigration Crackdown

As Trump prepares for mass deportations, the National Guard faces legal and political challenges, with red and blue states clashing over immigration enforcement.

National Guard troops increasingly have found themselves pulled into politically fraught issues, from deploying to the Mexican border to monitoring safety on the New York subway. | Gregory Bull/AP

As President-elect Donald Trump prepares to launch a large-scale deportation effort, National Guard troops are bracing for a contentious role in the mission.

Red and Blue States Clash Over Guard Deployment

Trump’s immigration plans have sparked a divide between Republican governors eager to assist and Democratic attorneys general poised to resist. Red states, like Tennessee and Florida, have pledged swift support, while blue states like California and Colorado are exploring legal avenues to challenge potential federal overreach.

California Attorney General Rob Bonta underscored the legal complexities, stating, “Our North Star is how lawful is it? If [Trump] is acting unlawfully… we will push back.”

Florida Governor Ron DeSantis has openly supported deploying the National Guard for immigration enforcement, emphasizing that the state stands ready based on the White House’s directives.

However, blue states control their Guard forces, raising questions about Trump’s ability to compel their participation without federalizing them—a move fraught with legal and logistical hurdles.

Legal and Ethical Concerns

Deploying the National Guard for mass deportations has raised concerns among military officials and civil rights advocates. A former senior Guard official warned about the strain such missions could place on communities where Guard members serve as first responders.

“This isn’t the traditional role of the Guard,” the official said. “It’s a slippery slope when military forces are drawn into politically charged issues.”

Critics, including the American Civil Liberties Union (ACLU), have also expressed alarm over Trump’s possible use of the Insurrection Act, which allows the president to deploy military forces for domestic law enforcement. While the act has historical precedence—such as during the 1992 Los Angeles riots—its use in immigration enforcement would likely face legal challenges and public backlash.

A Constitutional Moment?

Democratic leaders argue that Trump’s plans could ignite a constitutional crisis. Colorado Attorney General Phil Weiser highlighted the potential for conflict if red states send Guard troops into blue states.

“That’s not how our system is designed,” Weiser said. “It would be a very sad day to see one state undermining another state’s sovereignty.”

Despite these challenges, Trump’s transition team, led by spokesperson Karoline Leavitt, reaffirmed the incoming administration’s commitment to tackling illegal immigration. “President Trump will enlist every federal power… to institute the largest deportation operation in history,” she said.

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