Now Reading: Florida leads US states where National Guard is deployed
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Florida leads US states where National Guard is deployed
Florida leads US states where National Guard is deployed
Father of two Boynton Beach U.S. Marines detained by ICE
Boynton Beach dad Pascual Andres,45, was arrested and held at Alligator Alcatraz. His two daughters, who are U.S. Marines, are seeking his release.
- The Department of Defense expanded its deployment of National Guard personnel in 19 states, according to a July announcement
- Trump’s administration activated 1,700 Guard personnel to assist in cracking down on immigration, mostly in red states
- These orders are not related to Trump’s escalated use of the National Guard in D.C. or his calls to activate them in Chicago
Rumors are swirling that the Department of Homeland Security and President Donald Trump are mobilizing up to 1,700 National Guard troops in 19 states to crack down on immigration and combat “rising” crime.
Florida is not only included in the list, but it’s leading the pack.
The rumors can be put to rest largely because it has already happened. So, what’s the mix-up, and why is everyone suddenly talking about it? Well, it’s a pretty common misinformation tactic: Recirculate dated-but-still-relevant info as new while throwing a controversial spin on it.
The Department of Defense announced on July 25 that it was changing the effects of the 1,200 already-deployed service members and adding 500 newly authorized personnel.
Now the news is being tied to the recent news about Trump’s highly criticized use of National Guard troops in Washington D.C. to crack down on what he describes as a “crime emergency.”
The situation in D.C. escalated last week after Trump threatened to activate the National Guard in Chicago and New York City. It escalated again on Monday after Guard personnel were authorized to carry weapons in D.C.
The truth behind what’s happening with the National Guard in the U.S. lies in the details. In conjunction with red states, the Guard has been deployed in blue states, but they are working to support ICE.
The legality surrounding Trump’s threat to deploy the National Guard in blue states to crack down on crime without a request treads deeper into a legal gray area.
Here’s what to know about how the National Guard is deployed and operating in Florida.
Is it legal for Trump to deploy the National Guard to states?
The answer to this question requires nuance rooted in historical precedent and, of course, controversy.
Under most circumstances, the National Guard is called upon by state governors during times of civil unrest or natural disaster. Section 502(f) of Title 32 of the U.S. Code outlines a very broad scope of circumstances that allow the President or Secretary of Defense to call the National Guard to undertake operations and missions.
Under Section 502, the National Guard is allowed to operate in one of three different duty statuses, according to the Brennan Center for Justice, an independent, nonpartisan law and policy organization at the New York University School of Law.
- State Active Duty status – Allows Guard personnel to carry out missions designed by a state. Personnel are under state command and control and are backed with state funding and benefits.
- Title 10 status – Calls the National Guard into “federal service” by the president. Personnel carry out federal missions under federal command and control, backed by federal funding and benefits.
- Title 32 status – Title 32 status is an amalgamation of the first two, with both federal and state involvement. Under this status, states remain in command and control, but the Guard is able to carry out federal missions and is backed by federal funding and benefits.
It is crucial to understand that National Guard personnel are not subject to the Posse Comitatus Act, which means they are not barred from participating in civilian law enforcement activities, the Brennan Center points out.
Whether the National Guard is deployed legally depends largely on under what status they are deployed and their mission. In July, when U.S. Defense Secretary Pete Hegseth approved the deployment of additional forces to support ICE, he switched existing approvals from Title 10 to Title 32 status.
The National Guard is currently deployed mostly in red states, where Trump has state government support. Without that support, deploying the Guard to cities like Chicago or New York City would become harder to justify. Any unwarranted deployment would likely incite legal backlash from the state.
California Governor Gavin Newsom, in June, filed a lawsuit against Trump and the Department of Defense to end what the lawsuit claimed was the “illegal and unnecessary takeover of a CalGuard unit.”
When can the National Guard be deployed in a state?
The National Guard can be deployed to undertake a number of broad missions and operations.
- Disaster relief – The National Guard is often called up to assist states with disaster relief after massive wildfires, floods, hurricanes and more. In Florida, 11,000 Guard personnel were deployed to support hurricane relief efforts in the wake of Hurricane Milton.
- Law enforcement – The Guard can be deployed to assist with civil disorder. Several states activated their National Guards in response to the historic anti-racism protests after George Floyd was killed by a Minneapolis police officer in May 2020. The D.C. National Guard was also deployed in 2021 when thousands of rioters backing Trump assaulted the U.S. Capitol while lawmakers met to certify the presidential election.
The Guard have also been deployed in recent years to assist with border security and election security support.
Why was the National Guard deployed in Florida?
Florida confirmed in early August that it had deployed 200 National Guard personnel to “backfill” nine ICE offices across the state. The service members replaced the 200 Marines that were deployed in July to take on “administrative, clerical and logistics” duties at the state’s ICE facilities, according to a statement from U.S. Northern Command.
Service members deployed will allegedly be providing support to ICE via case management, transportation, logistical support and clerical functions associated with processing undocumented migrants at local facilities, according to the report.
“We anticipate that our Guardsmen will be performing administrative/clerical tasks, fingerprinting, DNA swabbing, photography and transportation support,” William Manley, a spokesperson for the Florida National Guard, told USA TODAY in August.
