After months of National Guard and ICE deployment around the U.S., questions remain about what these domestic deployments mean, under what legal authority are they happening and what have the lower Courts said about these issues, Scott R. Anderson details all the different aspects of these questions and more. Anderson outlines the complicated legal ways the States and Trump Administration are arguing about the scope of authority and contours of deployment of National Guard and Military under 10 USC 12406, Insurrection Act and the Posse Comitatus Act.

Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School.