How Trump has mobilized troops
Trump so far has relied on two statutes to mobilize National Guard troops: 10 U.S.C. 12406 (Title 10) and 32 U.S.C. 502(f) (Title 32).
Title 10: Allows the president to federalize state Guard troops when the country faces foreign invasion, when the U.S. government faces rebellion or when the president is unable to execute laws with regular resources.
Using Title 10, Trump has so far federalized Guard troops from California, Oregon, Illinois and Texas.
California and Texas troops federalized under Title 10 have been sent beyond their respective states into Illinois as part of Trump’s attempted deployment in Chicago.
Title 32: Allows the president or defense secretary to request that governors activate state Guard troops for federally funded missions. However, soldiers called up under Title 32 are in a “hybrid” status because they are neither under full state or federal control. The troops are under the command and control of their state governor, but their duty is federally funded and regulated.
Responding to requests from Trump, GOP governors from nine states have agreed to activate their Guard troops under Title 32 for deployment in D.C.: Alabama, Georgia, Louisiana, Mississippi, South Carolina, South Dakota, West Virginia and Tennessee.
Missouri and Tennessee Guard troops have also been activated under Title 32 to assist federal law enforcement officials in their respective states. The arrangement strains federal law barring