Reportedly the activation is under Section 502(f) of this statute: https://www.law.cornell.edu/uscode/text/32/502. During the first Trump administration, Trump and his then AG Bill Barr sent National Guard Troops into the District of Columbia, involving this same statutory provision. The legality of the deployment under 502(f) was questionable but because it was to the District, Trump got away with it. 3/

If she hasn't, I would expect NM to challenge the activation in court, which is probably what Trump/Bondi want. They would hope the issue goes to the Supreme Court and that the SC would rule in the Trump regime's favor - which of course if might, regardless of the correct interpretation of 502(f). Such a ruling would pave the way for the activation of the National Guard by Trump in every state. 6/

@heidilifeldman

My two cents. I think the case of California going to the courts about deployment of NG without consent shows that it is not a viable strategy. It is most probably even counterproductive: it ties your hands while the process is grinding along, and in the end it may produce more rights for the aggressor, but now with an approval of the courts and a total wastage of your time.

You have to base your tactics and strategy of resistance on something that doesn't need courts.

According to a DoD official, the National Guard soldiers will serve as a “visible deterrent force.” Soldiers supporting ICE will be performing case management, transportation, logistical support, and clerical functions associated with the processing of illegal migrants at detention facilities, including personal data collection, fingerprinting, DNA swabbing and photographing of people in ICE custody. 7/

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