States could be unable to deny Trump troop request

SALEM, ORE. — President Donald Trump’s plan to deploy National Guard troops to the border with Mexico has drawn resistance from some governors, most of them Democrats, but they could be powerless to deny the commander in chief’s request for soldiers.

Governors have some leeway to say no presidents, but if Trump uses a federal law to order the deployment, the matter could be out of the governors’ hands.

The statute known as “Title 10 duty status” establishes that National Guard personnel operate under the president’s control and receive federal pay and benefits. It also forbids them from performing tasks of civilian law enforcement unless explicitly authorized, according to the Congressional Research Service.

Trump said Thursday that he wants to send 2,000 to 4,000 Guard members to the border to help federal officials fight illegal immigration and drug trafficking. Homeland Security Secretary Kirstjen Nielsen said on Twitter that she had a “productive conversation” about the deployment with governors of the Southwest border states.

On Friday, North Dakota’s Republican governor joined leaders of some border states in saying he would send forces if asked.

The GOP governors of Arizona, New Mexico and Texas also back the plan. California’s Democratic governor has been silent on the topic. It’s unclear if Trump will ask for troops from states other than those along the border.

White House press secretary Sarah Huckabee Sanders described the deployment as “a good first step.” If the administration determines that more troops are needed, “we’ll make that decision at that time.”

North Dakota Gov. Doug Burgum said that if he’s asked, he will contribute.

“We will answer the call,” Burgum said. “From historic floods to more recent events, we North Dakotans know from experience how critical it is for states to support each other in times of need.”

Nevada Gov. Brian Sandoval, also a Republican, on Friday became one of the latest leaders to oppose the plan. His spokeswoman, Mary-Sarah Kinner, said in an email that Sandoval does not believe the mission would be “an appropriate use” of the Nevada Guard. Oregon Gov. Kate Brown has said she would deny Trump’s request.

“As commander of Oregon’s Guard, I’m deeply troubled by Trump’s plan to militarize our border,” Brown tweeted.