‘If @realDonaldTrump asks me to deploy Oregon Guard troops to the Mexico border, I’ll say no,’ says Oregon’s Democratic governor Kate Brown
Brown acknowledged in a second posting that ‘[t]here’s been no outreach by the President or federal officials,’ but insisted that she has ‘no intention of allowing Oregon’s guard troops to be used to distract from his troubles in Washington.’
Presidents can call up National Guard units using two different legal authorities, both enacted by Congress in 1956.
One, known as Title 10, would allow Trump to ‘federalize’ the Guard, ordering it to assemble for ‘active duty.’ That is typically reserved for wartime deployment or an officially declared ‘state of emergency. It also would apply if there were an open rebellion against the government.
But Trump invoked the weaker Title 32 law, which puts the burden on governors to order the Guard to duty ‘for operational Homeland Defense activities,’ according to a the National Guard Association of the U.S.
That means Oregon’s governor and others can ignore the president’s order entirely – or refuse it publicly.
Texas Gov. Greg Abbott, a Republican, said Wednesday that he welcomes the National Guard order from Washington, and noted that ‘Texas has maintained a continuous presence of National Guard members along the border’ since he took office.
Oregon is nowhere near Mexico. But like Texas, California is – and Golden State governor Jerry Brown is the only Democrat serving as chief executive of a state that shares America’s southern border.