Bloomberg Law Trump's Deployment of Troops Questioned
Oct 31, 2025
Leon Fresco, a partner at Holland & Knight and former head of the Office of Immigration Litigation during the Obama administration, delves into the legal battles surrounding Trump’s National Guard deployments to Democratic cities. He analyzes appellate rulings, the Supreme Court’s request for insights on federal forces, and the intricate dynamics of law enforcement agencies like ICE and Border Patrol. Fresco also discusses transparency requirements for federal agents, the challenges of aggressive immigration tactics, and the implications of family-based immigration policies.
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Deference In Guard Federalization Cases
- The Ninth Circuit applied a highly deferential standard to the president's decision to federalize the Guard.
- A dissent argued the issue should be resolved through normal fact-finding, not deference.
Key Statutory Phrase Under Supreme Court Review
- The Supreme Court asked whether "regular forces" means military troops or federal law-enforcement agents.
- That interpretation will shape when the president can federalize state Guard units under Title 10.
Interpreting "Regular Forces"
- Leon Fresco thinks "regular forces" likely refers to federal law-enforcement agencies rather than the military.
- He reasons that otherwise the statute's subsequent references to "federal service members" would be redundant.