Under agreements reached between the Trump administration and the National Guards of Texas and Florida, Guard personnel would be responsible for conducting law enforcement activities in support of efforts by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to arrest and detain undocumented immigrants. In commentary for a Center for a New American Security series, CERL’s Professor Claire Finkelstein explores the president’s legal avenues for exerting control over a state’s National Guard and the ways in which a state governor might resist.  

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read her bio here.   

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.