Trump Can’t Send NM’s National Guard Back To Border
Professor Peter Shane was quoted in a Law360 article titled, Trump Can’t Send NM’s National Guard Back To Border.
“The declaration of a national emergency does not automatically increase the president’s powers to deploy the National Guard,” he said. “The only powers conferred are those powers specifically mentioned in other statutes that grant emergency presidential powers. If the president has merely requested that governors support a mission by sending up their National Guard, the Guard members remain under the control of the states. There is no requirement to comply.”