A California Highway Patrol officer talks to a driver during a traffic stop in October. The U.S. Department of Homeland Security wants access to state driver’s license data as it builds a powerful citizenship verification program. (Photo by Justin Sullivan/Getty Images)

The Trump administration wants access to state driver’s license data on millions of U.S. residents as it builds a powerful citizenship verification program amid its clampdown on voter fraud and illegal immigration.

The U.S. Department of Homeland Security seeks access to an obscure computer network used by law enforcement agencies, according to a federal notice, potentially allowing officials to bypass negotiating with states for the records.

The information would then be plugged into a Homeland Security program known as SAVE that Trump officials have deployed to search for rare instances of alleged noncitizen voters and to verify citizenship. The plan comes as the Trump administration demands states share copies of their voter files that include sensitive personal data that also is being plugged into SAVE; it is suing some states that refuse.

Trump officials tout the SAVE program as a boost for election integrity. But critics of the program warn the federal government is constructing a massive, centralized information source on Americans. They fear President Donald Trump or a future president could use the tool to surveil residents or target political enemies.

“What this SAVE database expansion will do is serve as a central pillar to build dossiers on all of us,” said Cody Venzke, a senior policy counsel at the American Civil Liberties Union.

At the same time, Homeland Security Investigations and U.S. Immigration and Customs Enforcement, or ICE, conducted nearly 900,000 searches for state driver’s license and other motor vehicle data over the past year using the same data-sharing network that Homeland Security wants to link to SAVE, according to information provided to Congress. The network is called Nlets — formerly the National Law Enforcement Telecommunications System, now known as the International Justice and Public Safety Network.

Dozens of congressional Democrats in mid-November warned Democratic governors that Nlets makes driver’s license data available to ICE, including from states that restrict cooperation with the agency. While ICE, a Homeland Security agency, has long had access to Nlets, some Democrats are voicing renewed alarm amid Trump’s sweeping deportation campaign.

At least five states — Illinois, Massachusetts, Minnesota, New York and Washington — have blocked Nlets’ ability to share their driver’s license records with ICE, according to the Nov. 12 letter from 40 Democratic lawmakers. Oregon also is taking steps to block access.

In Colorado, state Sen. Julie Gonzales said she is willing to advance bills to block the Nlets data sharing. Gonzales, a Democrat who chairs the Colorado Senate Judiciary Committee, has previously sponsored legislation to limit what personal information is shared with the federal government for immigration enforcement.

“It is like playing Whac-A-Mole, but the Constitution applies to ICE, too,” Gonzales said.

The recent developments underscore the ongoing struggle between Democratic states and the Trump administration over how much access Homeland Security should have to their residents’ personal data. For their part, some Republican state officials have voiced support for the administration’s moves and want to aid the search for noncitizen voters and individuals in the country illegally.

Data and privacy experts told Stateline the current moment could lead to more centralization of personal data by the federal government and an eroding expectation of privacy when it comes to driver’s license information. The federal government is for the first time essentially building a U.S. citizenship database, they said.

Homeland Security is proposing to take Nlets outside its intended use, said John Davisson, senior counsel and director of litigation at the Electronic Privacy Information Center, a Washington, D.C.-based research and advocacy group that argues privacy is a fundamental right.

Nlets is a nonprofit organization that facilitates data sharing among law enforcement agencies across state lines. At a basic level, Nlets is the system that allows police officers to quickly look up the driver’s license information of out-of-state motorists they pull over.

States decide what information to make available through Nlets, and which agencies can access it. Each state has an Nlets member, typically that state’s highway patrol or equivalent agency. Several federal law enforcement agencies also are members.

“It appears that DHS is eyeing it for something quite different, for mass extraction of driver’s license information that would be far beyond the sort of targeted enforcement purposes of a system like Nlets,” Davisson said.

Driver data idea floated in May

Homeland Security’s SAVE program — Systematic Alien Verification for Entitlements — was originally intended to help state and local officials verify the immigration status of individual noncitizens seeking government benefits. But it can now scan state voter rolls for alleged noncitizen voters.

In the past, SAVE could search only one name at a time. Now it can conduct bulk searches, allowing officials to potentially scan through information on millions of registered voters. Federal officials in May connected the program to Social Security data; linking driver’s license data through Nlets would provide an additional mountain of data on U.S. residents.

The League of Women Voters, a nonpartisan group that advocates for voting rights, filed a federal lawsuit in September against Homeland Security over the transformation of SAVE. In its complaint, the organization accused the department of ignoring federal law to create comprehensive databases of American citizens’ data.

U.S. District Court Judge Sparkle L. Sooknanan, a Biden appointee, last week declined to temporarily block SAVE’s overhaul while the lawsuit proceeds. But Sooknanan wrote in an opinion that based on the current record, “the Court is troubled by the recent changes to SAVE and doubts the lawfulness of the Government’s actions.”

Homeland Security publicly confirmed it wants to connect Nlets to SAVE in an Oct. 31 Federal Register notice. The notice said driver’s licenses are the most widely used form of identification, and by working with states and national agencies, including Nlets, “SAVE will use driver’s license and state identification card numbers to check and confirm identity information.”

The agency also privately floated its interest in Nlets months earlier.

According to minutes of a May virtual meeting of the National Association of Secretaries of State Elections Committee, U.S. Citizenship and Immigration Services (USCIS) official Brian Broderick told the group that his agency — the Homeland Security agency that administers SAVE — was seeking “to avoid having to connect to 50 state databases” and wanted a “simpler solution,” such as Nlets.

The minutes were contained in records from the Texas Secretary of State’s Office obtained by American Oversight, a nonpartisan transparency group that frequently files records requests. Mother Jones magazine first reported on the records.

Nlets and the Texas Secretary of State’s Office didn’t respond to requests for comment.

On Friday, National Association of Secretaries of State spokesperson Brittany Hamilton wrote in an email to Stateline that at that time, “we have not received specific updates from USCIS on this aspect of driver’s license data potential usage.”

In a statement, USCIS spokesperson Matthew Tragesser encouraged all federal, state and local agencies to use SAVE.

“USCIS remains dedicated to eliminating barriers to securing the nation’s electoral process. By allowing states to efficiently verify voter eligibility, we are reinforcing the principle that America’s elections are reserved exclusively for American citizens,” Tragesser wrote.

State restrictions flawed, lawmakers say

Some Democrats are separately pushing to limit ICE’s access to driver’s license data through Nlets. The Nov. 12 congressional letter warned that while some states have restrictions on data sharing with immigration authorities, the limits are often ineffective because of major flaws.

State limits sometimes apply only to state motor vehicle agencies, which don’t connect to Nlets — and often don’t apply to state police agencies that do connect, the letter said. And even though state restrictions target data-sharing for immigration enforcement, Nlets doesn’t indicate the purpose of a request.

“Because of the technical complexity of Nlets’ system, few state government officials understand how their state is sharing their residents’ data with federal and out-of-state agencies,” wrote U.S. Sen. Ron Wyden of Oregon, U.S. Rep. Adriano Espaillat of New York and 38 other Democrats.

Homeland Security didn’t address Stateline’s questions about ICE’s access to state driver’s license data through Nlets.

Advocates for immigrants have long raised concerns about ICE access to state driver’s license data through Nlets. Nineteen states allow residents to obtain driver’s licenses regardless of immigration status, according to the National Immigration Law Center, an immigrant advocacy group. Those driver’s license records represent a wealth of information on noncitizens.

While ICE can’t use Nlets to obtain records of all noncitizens issued licenses, the agency can use the search tool to obtain a variety of information on individuals, such as date of birth, sex, address and Social Security number, according to the law center. Sometimes a photo is also available — a particular concern for immigrants and their advocates amid reports that ICE has deployed facial recognition tools in the field.

“I think that for many years, folks around the country that are concerned about privacy, that are concerned about immigrants, have been trying to sound the alarm about this issue,” said Matthew Lopas, director of state advocacy and technical assistance at the National Immigration Law Center.

Stateline contacted all 50 state governors to ask about Nlets. Forty-one offices didn’t respond and most others provided high-level statements or referred questions to other agencies.

But Maryland indicated it was taking “proactive measures” to ensure that federal agencies’ access to its data through Nlets complies with state and federal law. A 2021 state law limits the sharing of driver’s license data with federal immigration authorities.

Maryland “is working with Nlets to ensure that Marylanders’ data is not misused for civil immigration enforcement absent a valid judicial warrant, and we intend to share more information on that effort as we are able,” Rhyan Lake, a spokesperson for Maryland Democratic Gov. Wes Moore, said in a statement to Stateline.

The South Dakota Department of Public Safety, which is overseen by Republican Gov. Larry Rhoden, cautioned against limiting data-sharing among law enforcement. Records obtained through Nlets include data on wanted individuals and other information that can help identify potential threats to officers and agents, the department said in a statement provided by Director of Communications Brad Reiners.

“We reject the concerns outlined in the [Democratic lawmakers’] letter and remain deeply concerned about the potentially dangerous consequences of limiting access to this information,” the statement says.

In Oregon, state officials plan to cut off ICE’s Nlets access to its driver’s license data, but no date has been set, Oregon State Police Capt. Kyle Kennedy, an agency spokesperson, wrote in an email.

“We are working with other states to assist in considering a path forward,” Kennedy wrote.

Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

Federal agents patrol the halls of immigration court in New York City in October. While arrests at federal immigration courts have received widespread attention, U.S. Immigration and Customs Enforcement have also arrested individuals at state courthouses, prompting some Democratic states to impose restrictions. (Photo by Michael M. Santiago/Getty Images)

A day after President Donald Trump took office, U.S. Immigration and Customs Enforcement issued a new directive to its agents: Arrests at courthouses, restricted under the Biden administration, were again permissible.

In Connecticut, a group of observers who keep watch on ICE activity in and around Stamford Superior Court have since witnessed a series of arrests. In one high-profile case in August, federal agents pursued two men into a bathroom.

“Is it an activity you want to be interfering with, people fulfilling their duty when they’re called to court and going to court? For me, it’s insanity,” said David Michel, a Democratic former state representative in Connecticut who helps observe courthouse activity.

Fueled by the Stamford uproar, Connecticut lawmakers last week approved restrictions on civil arrests and mask-wearing by federal law enforcement at state courthouses. And on Monday, a federal judge tossed a lawsuit brought by the U.S. Department of Justice that had sought to block similar restrictions in New York.

They are the latest examples of a growing number of Democratic states, and some judges, pushing back against ICE arrests in and around state courthouses. State lawmakers and other officials worry the raids risk keeping people from testifying in criminal trials, fighting evictions or seeking restraining orders against domestic abusers.

The courthouse arrests mark an intensifying clash between the Trump administration and Democratic states that pits federal authority against state sovereignty. Sitting at the core of the fight are questions about how much power states have to control what happens in their own courts and the physical grounds they sit on.

In Illinois, lawmakers approved a ban on civil immigration arrests at courthouses in October. In Rhode Island, lawmakers plan to again push for a ban after an earlier measure didn’t advance in March. Connecticut lawmakers were codifying limits imposed by the state Supreme Court chief justice in September. Democratic Gov. Ned Lamont is expected to sign the bill.

States that are clamping down on ICE continue to allow the agency to make criminal arrests, as opposed to noncriminal civil arrests. Many people arrested and subsequently deported are taken on noncriminal, administrative warrants. As of Sept. 21, 71.5% of ICE detainees had no criminal convictions, according to the Transactional Records Access Clearinghouse, a data research organization.

Some states, such as New York, already have limits on immigration enforcement in courthouses that date back to the first Trump administration, when ICE agents also engaged in courthouse arrests. New York’s Protect Our Courts Act, in place since 2020, prohibits civil arrests of people at state and local courthouses without a judicial warrant. The law also applies to people traveling to and from court, extending protections beyond courthouse grounds.

“One of the cornerstones of our democracy is open access to the courts. When that access is denied or chilled, all of us are made less safe and less free,” said Oren Sellstrom, litigation director at Lawyers for Civil Rights, a Boston-based group that works to provide legal support to immigrants, people of color and low-income individuals.

But in addition to challenging the New York law, the Justice Department is prosecuting a Wisconsin state judge, alleging she illegally helped a migrant avoid ICE agents.

“We aren’t some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law,” U.S. Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin said in a statement to Stateline. “Nothing in the constitution prohibits arresting a lawbreaker where you find them.”

Some Republican lawmakers oppose efforts to limit ICE arrests in and near courthouses, arguing state officials should stay out of the way of federal law enforcement. The Ohio Senate in June passed a bill that would prohibit public officials from interfering in immigration arrests or prohibiting cooperation with ICE; the move came after judges in Franklin County, which includes Columbus, imposed restrictions on civil arrests in courthouses.

“The United States is a nation of immigrants, but we are also a nation of law and order. To have a civilized society, laws must be respected, this includes immigration laws,” Ohio Republican state Sen. Kristina Roegner, the bill’s sponsor, said in a news release at the time.

Roegner didn’t respond to Stateline’s interview request. The legislation remains in a House committee.

Knowing where a target will be

Courthouses offer an attractive location for ICE to make immigration arrests, according to both ICE and advocates for migrants.

Court records and hearing schedules often indicate who is expected in the building on any given day. Administrative warrants don’t allow ICE to enter private homes without permission, but the same protections don’t apply in public areas, such as courthouses. And many people have a strong incentive to show up for court, knowing that warrants can potentially be issued for their arrest if they don’t.

“So in some respects, it’s easy pickings,” said Steven Brown, executive director of the ACLU of Rhode Island.

In June, ICE arrested Pablo Grave de la Cruz at Rhode Island Traffic Tribunal in Cranston. A 36-year-old Rhode Island resident, he had come from Guatemala illegally as a teenager.

“They pulled up on him like he was a murderer or a rapist,” friend Brittany Donohue told the Rhode Island Current, which chronicled de la Cruz’s case. “He was leaving traffic court.”

An immigration judge has since granted de la Cruz permission to self-deport.

McLaughlin, the Homeland Security assistant secretary, said in her statement that allowing law enforcement to make arrests “of criminal illegal aliens in courthouses is common sense” — conserving law enforcement resources because officers know where a target will be. The department said the practice is safer for officers and the community, noting that individuals have gone through courthouse security.

Still, ICE’s directive on courthouse arrests sets some limits on the agency’s activity.

Agents “should, to the extent practicable” conduct civil immigration arrests in non-public areas of the courthouse and avoid public entrances. Actions should be taken “discreetly” to minimize disruption to court proceedings, and agents should generally avoid areas wholly dedicated to non-criminal proceedings, such as family court, the directive says.

Crucially, the directive says ICE can conduct civil immigration arrests “where such action is not precluded by laws imposed by the jurisdiction.” In other words, the agency’s guidance directs agents to respect state and local bans on noncriminal arrests.

Trump administration court actions

But the Trump administration has also gone to court to try to overcome state-level restrictions.

The Justice Department sued in June over New York’s Protect Our Courts Act, arguing that it “purposefully shields dangerous aliens” from lawful detention. The department says the law violates the U.S. Constitution’s supremacy clause, under which federal law supersedes state law.

New York Democratic Attorney General Letitia James argued the state law doesn’t conflict with federal law and sought the lawsuit’s dismissal.

U.S. District Court Judge Mae D’Agostino, an appointee of President Barack Obama, on Monday granted James’ motion. The judge wrote that the “entire purpose” of the lawsuit was to allow the federal government to commandeer New York’s resources — such as court schedules and court security screening measures — to aid immigration enforcement, even though states cannot generally be required to help the federal government enforce federal law.

“Compelling New York to allow federal immigration authorities to reap the benefits of the work of state employees is no different than permitting the federal government to commandeer state officials directly in furtherance of federal objectives,” the judge wrote.

The Justice Department didn’t immediately respond to a request for comment.

The department is also prosecuting Wisconsin Judge Hannah Dugan, who prosecutors allege helped a person living in the country illegally avoid ICE agents in April inside a Milwaukee courthouse by letting him exit a courtroom through a side door. (Agents apprehended the individual near the courthouse.) A federal grand jury indicted Dugan on a count of concealing an individual and a count of obstructing a proceeding.

In court documents, Dugan’s lawyers have called the prosecution “virtually unprecedented and entirely unconstitutional.”

Dugan has pleaded not guilty, and a trial is set for December.

Lawmakers seek ‘order’ in courthouses

Rhode Island Democratic state Sen. Meghan Kallman is championing legislation that would generally ban civil arrests at courthouses. The measure received a hearing, but a legislative committee recommended further study.

Kallman hopes the bill will go further next year. The sense of urgency has intensified, she said, and more people now understand the consequences of what is happening.

“In order to create a system of law that is functioning and that encourages trust, we have to make those [courthouse] spaces safe,” she said.

Back in Connecticut, Democratic state Rep. Steven Stafstrom said his day job as a commercial litigator brings him into courthouses across the state weekly. Based on his conversations with court staff, other lawyers and senior administration within the judicial branch, he said “there’s a genuine fear, not just for safety, but for disruptions of orderly court processes in our courthouses.”

Some Connecticut Republicans have questioned whether a law that only pertains to civil arrests would prove effective. State Rep. Craig Fishbein, the ranking Republican on the House Judiciary Committee, noted during floor debate that entering the United States without permission is a criminal offense — a misdemeanor for first-time offenders and a felony for repeat offenders. Because of that, he suggested the measure wouldn’t stop many courthouse arrests.

“The advocates think they’re getting no arrests in courthouses, but they’ve been sold a bill of goods,” he said.

Stafstrom, who chairs the Judiciary Committee, said in response that he believed the legislation protects many people who are in the country illegally because that crime is often not prosecuted.

“All we’re asking is for ICE to recognize the need for order in our courthouses,” Stafstrom said.

Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

Demonstrators protest outside the immigration processing and detention facility this month in Broadview, Ill. President Donald Trump wants to deploy Texas National Guard members to the Chicago area but has been blocked by federal courts. (Photo by Scott Olson/Getty Images)

As President Donald Trump prepares to send National Guard troops — from either Oregon, California or possibly Texas — into Portland, Oregon, entrepreneur Sarah Shaoul watches with deep concern.

A three-decade resident of the Portland area, Shaoul leads a coalition of roughly 100 local small businesses, including many dependent on foot traffic. Armed troops could spook customers and, she fears, trigger a crisis where none exists.

“I don’t want this to be a political conversation but, I mean, the fact you bring people from other states who maybe have different politics — I think it shows an administration that’s trying to pit people against other people,” Shaoul said.

Trump’s campaign to send the National Guard into Democratic-leaning cities he describes as crime-ridden has so far reached Los Angeles; Washington, D.C.; Memphis, Tennessee; Chicago and Portland. He has federalized — taken command of — hundreds of active-duty guard members to staff the deployments.

But in the two most recent attempted deployments to Portland and the Chicago area, the Trump administration has turned to out-of-state National Guard troops, the part-time soldiers who often respond to natural disasters.

National guards are usually under the control of state governors, with state funds paying for their work. But sometimes the troops can be called into federal service at federal expense and placed under the president’s control.

In addition to federalizing some members of the Oregon and Illinois National Guard within those states, the president sent 200 Texas National Guard troops to the Chicago area and plans to send California National Guard members to Portland. A Pentagon memo has also raised the possibility of sending some Texas troops to Portland.

Presidents who have federalized National Guard forces in the past, even against a governor’s will, have done so in response to a crisis in the troops’ home state. That happened to enforce school desegregation in Arkansas in 1957 and Alabama in 1963.

But the decision to send one state’s National Guard troops into a different state without the receiving governor’s consent is both extraordinary and unprecedented, experts on national security law told Stateline.

The cross-border deployments evoke concerns stretching back to the country’s infancy, when the Federalist Papers in 1787-1788 grappled with the possibility that states could take military action against one another. While the recent cross-state deployments have all included troops under Trump’s command, Texas Republican Gov. Greg Abbott has been an enthusiastic supporter of Trump ordering his state’s National Guard to Chicago.

The troop movements raise questions of state sovereignty and how far the president can go in using the militia of one state to exercise power in another. At stake is Trump’s ability to effectively repurpose military forces for domestic use in line with an August executive order that called for the creation of a National Guard “quick reaction force” that could rapidly deploy nationwide.

“It’s really like …  a little bit like invading another country,” said Claire Finkelstein, a professor of law and philosophy at the University of Pennsylvania who studies military ethics and national security law.

The Trump administration has asked the U.S. Supreme Court to allow it to proceed with the Chicago-area deployment, which is currently blocked in federal court. On Monday, the 9th U.S. Circuit Court of Appeals allowed the deployment in Portland to move forward, overruling a district court judge, but additional appeals are expected.

The deployments come as Trump has repeatedly threatened to invoke the Insurrection Act to expand his ability to use the military for law enforcement. Presidents are generally prohibited from deploying the military domestically, but the Insurrection Act, which dates back to 1792, could be used to bypass restrictions and potentially allow National Guard members to make immigration-related arrests.

For now, Trump has federalized National Guard members under a federal law known as Title 10, which allows the president to take command of National Guard members in response to invasion, rebellions against the United States and whenever the president is unable to execute federal laws with “regular forces.”

He has characterized illegal immigration as an invasion and sought to station National Guard members outside of U.S. Immigration and Customs Enforcement, or ICE, facilities and other federal property.

While Chicago and Portland fight Trump’s moves in court, other cities are bracing for the arrival of troops in anticipation that the deployments will continue to expand. Washington state went so far as to enact a new law earlier this year intended to prevent out-of-state National Guard members from deploying in Washington. The new state law doesn’t pertain to federalized troops, however, only to those that might be sent by another governor.

“I’m incredibly concerned but not necessarily surprised by the president’s method of operation, that there seems to be a theme of fear, intimidation, bullying without a clear plan,” Seattle Mayor Bruce Harrell said in an interview with Stateline.

Harrell, who is running for reelection to the nonpartisan office in November, said Seattle officials are monitoring what’s happening in other cities. Any deployment of guard members — whether they were from Washington or elsewhere — would be concerning, he said.

“At the end of the day, they would be following orders with some level of military precision, so my concern isn’t so much out-of-state or in-state. I just oppose any kind of deployment.”

Courtroom fights

Whether the out-of-state status of National Guard members matters legally is up for debate. Experts in national security law are split over whether sending federalized troops across state lines poses constitutional and legal problems, even as they broadly agree the move is provocative.

Joseph Nunn, a counsel in the left-leaning Brennan Center’s Liberty and National Security Program, doubts the cross-state deployment of federalized troops is itself a legal issue.

Still, he criticized the decision to send in out-of-state National Guard and, speaking about Chicago, called the underlying deployment unlawful and unjustified. In ordering troops to Illinois, Nunn said, Trump was abusing his presidential power, regardless of the servicemembers’ home state.

“It is unnecessarily inflammatory,” Nunn said of that choice. “It is, I think, insulting to say we’re going to send the National Guard from one state into another.”

Democrats, especially in cities and states targeted by Trump, condemn the deployments as an abuse of presidential power, regardless of where the troops are from. Republicans have largely supported or stayed silent about Trump’s moves, though Oklahoma Gov. Kevin Stitt, who chairs the National Governors Association, has criticized the sending of Texas troops to Illinois.

Abbott wrote on social media in early October that he had “fully authorized” Trump to call up 400 Texas National Guard members. Abbott’s office didn’t respond to Stateline’s questions.

“You can either fully enforce protection for federal employees or get out of the way and let Texas Guard do it,” Abbott wrote on X.

In the Chicago area and in Portland, the Trump administration wants the National Guard outside ICE facilities where small protests have taken place in recent weeks. Dozens of people have been arrested in Portland since June, but there’s been no sign of widespread violence. A Stateline analysis of U.S. Census Bureau and federal crime data found that Trump’s National Guard deployments have not, with a single exception, targeted the nation’s most violent cities.

For weeks federal courts have kept National Guard troops off the streets of Portland and the Chicago area as legal challenges play out, but that could be changing. The Trump administration on Friday asked the U.S. Supreme Court to allow it to deploy National Guard troops in the Chicago area. If the court sides with the administration, the decision could clear the way for additional deployments elsewhere.

In the Friday filing to the Supreme Court, U.S. Solicitor General D. John Sauer wrote: “This case presents what has become a disturbing and recurring pattern: Federal officers are attempting to enforce federal immigration law in an urban area containing significant numbers of illegal aliens. The federal agents’ efforts are met with prolonged, coordinated, violent resistance that threatens their lives and safety and systematically interferes with their ability to enforce federal law.”

The U.S. Department of Defense didn’t directly answer questions from Stateline about whether further cross-state deployments are planned, saying only that it doesn’t speculate on future operations.

U.S. District Court Judge Karin Immergut wrote in an order blocking deployment of the National Guard in Portland that a handful of documented episodes of protesters clashing with federal law enforcement during September were “inexcusable,” but added that “they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces.”

But on Monday, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Trump had “lawfully exercised his statutory authority” to deploy Oregon National Guard servicemembers to Portland. Lawyers for Oregon and Portland are seeking a review by the full appeals court, a move that would put the case in front of 11 appellate judges.

Shaoul, the Portland business leader, said the presence of troops would itself risk creating “drama” at the expense of taxpayers.

“Tell me how that’s helping anybody to go in and intimidate a bunch of people who are dressed up in friggin’ costumes, playing music,” Shaoul said. “I mean, if nothing else illustrates what a joke this is, that should tell you right there.”

10th Amendment concerns

Top Republicans have long telegraphed their desire to use the National Guard to aid immigration enforcement.

In December, before Trump took office, 26 GOP governors — at the time, every Republican governor except Vermont’s Phil Scott — signed a statement promising to provide their national guards to help.

Since Trump’s inauguration, at least 11 Republican governors have ordered National Guard members to help ICE, typically by providing logistical support. At least four states — Florida, Louisiana, Texas and West Virginia — have entered into federal agreements that allow ICE to delegate some immigration enforcement duties, potentially including arrests, to National Guard members.

Trump’s decision to federalize National Guard members goes further, placing troops under the president’s command. The cross-state deployments represent the next step in testing his authority to command guard members.

Finkelstein, the national security law professor, said sending one state’s National Guard into another state raises serious legal issues under the 10th Amendment. The amendment reserves for the states or the people powers not specifically granted to the federal government — the idea at the core of federalism.

A president and governor may reasonably disagree about whether federalization is necessary to help their state, Finkelstein said, but “even that fig leaf” isn’t available when troops are sent to another state. California gets nothing out of the deployment of its National Guard to Oregon, she said. And unless it’s California’s governor — rather than the president — making the choice to deploy guard members elsewhere, it’s a “very real problem” that undermines state autonomy, she said.

Washington state Rep. Jim Walsh, who chairs the Washington State Republican Party, has been monitoring the attempted deployment in Portland, as well as the possibility of a deployment to Seattle. He said Trump has broad discretion under federal law to federalize National Guard members.

Still, Walsh said federalizing the National Guard gives him pause and is something that a hypothetical president — “leave this one out of the equation” — might overuse. But he argued state and local leadership in cities where the National Guard has been deployed have brought the situation on themselves by allowing a breakdown in law and order.

Asked about cross-state deployments, Walsh largely dismissed any legal concerns.

“I guess they would know the area better,” Walsh said of troops deployed in their home state. “But this is kind of a specious argument. … The president, whoever he or she is, can federalize National Guard units.”

Walsh said he doesn’t see a situation at the moment that would necessitate a Guard deployment within Washington state.

But Seattle isn’t taking any chances.

Harrell, the Seattle mayor, signed two executive orders in October, one that pushes back on the practice of federal agents making immigration arrests while wearing masks, and another that seeks to maintain control over local law enforcement resources if the National Guard is deployed in the city.

“I’m critically concerned about what can occur as a reaction,” Harrell said. “That’s exactly what Trump’s goal is, to raise tension and create chaos and to use blue cities as scapegoats.”

Editor’s note: This story has been updated to correct the year, 1957, that President Dwight D. Eisenhower federalized National Guard troops to enforce desegregation in Arkansas. Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.