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When can the U.S. president deploy the National Guard?

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The U.S. president can deploy the National Guard during rebellion and unrest as well as the threat of invasion. Typically, the president invokes the Insurrection Act. However, there is a specific provision in Title 10 of the U.S. Code on Armed Services that allows for the president to activate the National Guard. This clause can be used when:

  • (1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
  • (2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
  • (3) the President is unable with the regular forces to execute the laws of the United States.

However, the provision also states that “orders for these purposes shall be issued through the governors of the States.” In June 2025 U.S. Pres. Donald Trump cited the provision when he ordered the deployment of some 2,000 National Guard members to Los Angeles, where there were demonstrations against immigration raids. The legality of the order was questioned since it did not come from California Governor Gavin Newsom, who opposed the deployment.

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