When can a president use the National Guard?

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(NewsNation) — President Donald Trump's decision to federalize the National Guard amid riots and protests successful Los Angeles County against ICE has polarized galore successful authorities and beyond.

Tensions escalated Saturday successful effect to Immigration and Customs Enforcement raids astatine a Home Depot successful the metropolis of Paramount, southbound of LA. 

President Trump deployed hundreds of National Guard members to the country Sunday and said helium was prepared to nonstop successful the Marines, a determination respective California officials person slammed arsenic an escalation of chaos. 

On Monday, California Attorney General Rob Bonta announced the authorities was suing the Trump administration pursuing play protests.

The authorities is asking the tribunal to acceptable speech President Donald Trump’s bid to federalize the National Guard.

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How tin the National Guard beryllium federalized?

Under United States Code, Title 10 §12406, the National Guard tin beryllium federalized erstwhile determination is simply a rebellion, the U.S. is invaded, oregon information of either occurring, and if the president cannot execute U.S. instrumentality with regular forces.

"The President whitethorn telephone into Federal work members and units of the National Guard of any State successful specified numbers arsenic helium considers indispensable to repel the invasion, suppress the rebellion, oregon execute those laws," the proviso reads.

"Orders for these purposes shall beryllium issued done the governors of the States or, successful the lawsuit of the District of Columbia, done the commanding wide of the National Guard of the District of Columbia."

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What precedent is there?

Trump deployed the California National Guard without California Democratic Gov. Gavin Newsom’s request, the archetypal clip a president has sent troops to a authorities without the governor’s petition since the Civil Rights Movement.

Specifically, the L.A. riots of 1992 were the past clip the National Guard was called by the president. Previous to that was the New York postal onslaught successful 1970, and aft Martin Luther King Jr.'s assassination successful 1968.

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However, the past clip a president activated the National Guard without a petition from the authorities was successful 1965 erstwhile President Lyndon B. Johnson deployed them to Alabama successful a bid to support civilian rights protestors, per The New York Times.

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