President Trump: Military to Guard Border

Float (or other military savvy person):
I have a few questions re: "Trump's" calling up the Nat. Guard:

-Why would Trump use Title 32 instead of Title 10 to deploy the National Guard to the border?

-Title 32 is a state call-up as I understand; whereas, Title 10 federalizes The Guard call-up. That's why I put quotation marks around "Trump's" call up.

-Is Title 32 a request that can be denied by governors?

-Is using Title 32 an attempt to force the states to pay for this instead of the federal govt?

Thanks for any help.

Read Trump's order:
https://www.cnn.com/2018/04/04/politics/trump-memo-guards-to-border/index.html

Title 32 section 502:
https://www.law.cornell.edu/uscode/text/32/502

Title 3 section 301- cited in Trump's order:
https://www.law.cornell.edu/uscode/text/3/301

Title 10 section section 12301:
https://www.law.cornell.edu/uscode/text/10/12301

Military benefits- Title 10 vs Title 32:
http://www.moaa.org/Content/Publica...fits--Title-10-vs-Title-32-vs--the-State.aspx

 

Oregon denied it, so I guess states can?

 

The national guard is outside my knowledge base. I'm not sure how they work, really.

Or if they work, specifically.

 

If the Title 32 stuff is state, and Govs can say no, then that probably means no successful Posse Comatatus Act challenge, because it means the Govenors have control of the force.

 

What impact would Title 32 stuff being state related have on the states on the border, theoretically? IF governors can refuse to send their Guard, can border state governors block troops from other states' troops from coming to their state? I'm sure Jerry Brown will test this, if possible.

Btw, Rep. Ted Lieu, former Air Force JAG, is the guy I saw bringing up that Title 32 was being used instead of Title 10 federalization. He seems to think that governors can refuse, but that's not surprising.

 

I don't have any National Guard knowledge, so I don't know if, say, Tennessee National Guard goes to training in California, that it has to have permission from California to let them come in. If so, then there would be the possibility that a state could refuse entry. If not, I would say "no."

I wouldn't know, but I would bet that if it is state driven, then states can refuse to mobilize. But your red states won't refuse.

 

Thanks.