While the president can take control of a state’s National Guard under a process known as federalisation, federalised troops cannot perform domestic law enforcement unless the Insurrection Act is invoked.
The standoff between US President Donald Trump and California Governor Gavin Newsom has escalated after Trump apparently suggested on Monday (June 9) that he would support arresting the governor, who has fiercely opposed the federal deployment of National Guard troops in Los Angeles.
“I would do it … I think it would be a great thing,” Trump said when asked if his border czar Tom Homan should arrest Newsom.
He went on to call Newsom “grossly incompetent” as tensions mount over violent protests in Los Angeles sparked by immigration raids.
Governor Newsom strongly rejected the idea that a sitting president could call for the arrest of a state governor.
“The President of the United States just called for the arrest of a sitting Governor. This is a day I hoped I would never see in America,” Newsom posted on X.
“I don’t care if you’re a Democrat or a Republican, this is a line we cannot cross as a nation — this is an unmistakable step toward authoritarianism.” he added.
Tom Homan, Trump's border czar had earlier refused to rule out arresting politicians who he claimed were blocking federal agents.
In a defiant response, Newsom challenged Homan directly.
“He’s a tough guy. Why doesn’t he do that? He knows where to find me,” Newsom said. “Lay your hands off four-year-old girls who are trying to get an education … Come after me. Arrest me. Let’s just get it over with, tough guy.”
Legal experts say Trump cannot arrest a governor simply for opposing federal action. While the president can take control of a state’s National Guard under a process known as federalisation, federalised troops cannot perform domestic law enforcement unless the Insurrection Act is invoked.
So far, Trump has not used the Insurrection Act. His order to federalise the Guard does not apply only to California and says the troops are to protect ICE and Homeland Security personnel, not take part in crowd control or arrests.
The protests began after US Immigration and Customs Enforcement (ICE) carried out immigration raids across several areas in Los Angeles. The raids, part of a broader crackdown, sparked widespread demonstrations that turned violent in some areas, prompting Trump to send in the National Guard, against the wishes of California leaders.