Understanding the National Guard: Roles, Authority, and Legal Boundaries

What Is the National Guard?

The National Guard is a unique, dual-status force that serves both state and federal roles. Founded in 1636 as a citizen militia force, it officially became a nationwide reserve in 1933. Today, the National Guard is considered a reserve component of the U.S. Army and Air Force, but each state maintains its own Guard under the control of that state’s governor—or the President, in the case of Washington, D.C.

What Does the National Guard Do?

At the state level, governors can activate their Guard for domestic emergencies—natural disasters, public health crises, or civil disturbances. Guard units also support law enforcement when authorized under state law. Federally, Guard units can be called into active duty for overseas missions or national emergencies under Title 10 of the United States Code, where they become subject to federal command and constraints, including the Posse Comitatus Act.

Who Controls the National Guard?

In Title 32 status, Guard members are paid by the federal government and receive federal benefits, but remain under state command and control. Commanders report to the state governor, typically through the Adjutant General. Under federal activation (Title 10), command shifts to the President, and the Guard becomes a federal military force.

National Guard Deployment & Legal Limits

Federal deployment must comply with the Posse Comitatus Act, which broadly forbids military forces from enforcing civil law unless authorized by legal or constitutional exceptions like the Insurrection Act. Title 32 status allows Guard units to use federal funding while remaining under state control—making them exempt from Posse Comitatus restrictions.

Why was the National Guard deployed in LA & DC?

In June 2025, the Trump administration deployed approximately 4,000 National Guard troops and 700 Marines to Los Angeles amid immigration-related protests—actions the state of California challenged as unlawful domestic troop deployment.

In September 2025 a federal judge in San Francisco ruled the deployment likely violated the Posse Comitatus Act, citing unauthorized law enforcement activities such as crowd control and blockades.

In August 2025, President Trump invoked Section 740 of the D.C. Home Rule Act and deployed approximately 800 National Guard troops to Washington, D.C. This allowed the Guard to assist federal and Metropolitan Police operations as part of a declared “crime emergency.” Originally unarmed, those troops were subsequently authorized to carry weapons for use only in “response to an imminent threat of death or serious bodily harm.” The deployment included both security and “beautification” tasks—like monument patrols and trash removal—in tourist-heavy areas.

Legal debates and lawsuits have continued as President Trump has voiced support for deploying the National Guard in more cities.

New Hampshire’s HB 104: “Defend the Guard Act”

New Hampshire legislators have debated several bills to limit National Guard deployments.

For example, HB 104 (2025)—dubbed the “Defend the Guard Act”—would have prohibited deploying the New Hampshire National Guard to active duty combat without a congressional declaration of war. Exceptions included Title 32 missions, joint training, and humanitarian operations—so the bill would have still allowed the Guard to operate under state-initiated or approved non-combat deployments.

Given the recent debate over the role of National Guard troops for domestic law enforcement purposes, we expect more bills about National Guard deployments in future legislative sessions.