There’s so much confusion surrounding whether or not the National Guard is even coming, it’s hard to focus on what they’ll do once they get here.
Here are the basics of how the National Guard works.
The National Guard Set-Up
The National Guard was established before the American Revolution as the country’s first military institution. Today, each state maintains its own Army National Guard and Air National Guard, all under the command of the governor.
However, during emergencies, troops can be “federalized,” meaning they report to the president.
The Posse Comitatus Act
The Posse Comitatus Act bars federal military troops from participating in civilian law enforcement without congressional approval. The National Guard usually does not fall under this category — except when federalized.
Earlier this summer, President Donald Trump federalized California’s National Guard troops and deployed them to Los Angeles in response to protests against immigration enforcement actions. It was the first time since 1965 a president did so over a governor’s objections, and a judge ruled it violated the Posse Comitatus Act.
The deployment in Washington, D.C. is a little different. Since the district has no governor, Trump controls their National Guard. Governors from six other states sent their troops, too.
The National Guard troops coming to Chicago would be federalized, possibly coming from other states.
Can the National Guard Arrest People?
Under the Posse Comitatus act, no. But the Department of Defense — er, the Department of War — claims exceptions to the law.
Meanwhile, if Trump invokes the Insurrection Act, Posse Comitatus gets suspended, and federal troops can directly perform law enforcement actions.
Gov. JB Pritzker’s advice? ”Do not take the bait.”
Otherwise, detainments are a gray area. The senior military official leading the LA deployment said troops couldn't arrest people, but could detain civilians until law enforcement arrived. However, last week's court ruling said troops could not be used for "arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants."
Can the National Guard Hit People?
Technically, they’re only supposed to use force to protect themselves or others from immediate danger; to stop a violent act; or to protect critical military operations.
What Else Can the National Guard Do?
In D.C., troops aided in clearing close to 50 homeless encampments over the last month. Now, they’re raking leaves, picking up garbage, and laying mulch. They’re also reportedly “standing around.”
The Department of Defense also says the National Guard could be used to protect federal property.
Right now, it’s unclear what actions they’d take here.
