Oct 7, 2025 08:23 PM
https://www.law.cornell.edu/uscode/text/10/12406
"Whenever—
(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;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws..."
(3) would certainly seem to apply, since concerted attempts are being made to prevent the execution of the immigration laws of the United States.
(2) would arguably apply as well, given that state and local officials are doing their best to impede the execution of the laws of the United States.
See also
https://www.law.cornell.edu/uscode/text/...chapter-13
https://www.law.cornell.edu/uscode/text/10/252
"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
"Whenever—
(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;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws..."
(3) would certainly seem to apply, since concerted attempts are being made to prevent the execution of the immigration laws of the United States.
(2) would arguably apply as well, given that state and local officials are doing their best to impede the execution of the laws of the United States.
See also
https://www.law.cornell.edu/uscode/text/...chapter-13
https://www.law.cornell.edu/uscode/text/10/252
"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
![[Image: DAnvXIv.jpeg]](https://i.imgur.com/DAnvXIv.jpeg)