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Dear John,
I’m writing to share the latest on the Trump administration’s efforts to federalize and deploy National Guard forces into U.S. cities, and the mounting legal and political pushback those attempts are encountering.
Over the weekend of October 4–5, 2025, the Trump Administration sought to activate and deploy state National Guard units to several U.S. cities, including Portland, Oregon, and Chicago, Illinois. The stated purpose was to address urban unrest and support law enforcement.
Leaders and organizations across the country, including in Delaware, have expressed concern about the precedent such actions might set for the balance of power between states and the federal government. Questions have also been raised about how these deployments align with the Posse Comitatus Act and Insurrection Act, which set limits on domestic military involvement.
* On October 11, a federal appeals court rejected the Trump administration’s request to deploy National Guard troops into Illinois, upholding a lower court’s block. The court allowed that troops already stationed under federal control may remain in place, but barred them from being used actively for patrols or protection of federal property for now.
* In Oregon, the Ninth Circuit lifted a previous order blocking the federalization of Oregon Guard units, but Judge Karin Immergut’s second order, which broadly prohibits any federalized Guard deployment into Portland, remains in effect.
* Courts are continuing to scrutinize the administration’s legal rationale and whether its claims of unrest, violence, or federal necessity are sufficiently grounded in fact.
* Meanwhile, National Guard troops are now active in Memphis, Tennessee, under the authority of the state’s governor, as part of a federal-backed task force. Shelby County, where Memphis is located, voted 62% for Kamala Harris vs. 34% for Trump in 2024, so it is no surprise that the president has targeted Memphis for troop deployment.
* In Chicago, tensions have escalated. President Trump has called for the jailing of Governor J.B. Pritzker and Mayor Brandon Johnson, accusing them of obstructing federal actions.
* On the national stage, the administration is reportedly considering invoking the Insurrection Act—a rarely used authority to deploy U.S. military forces on domestic soil—in response to what its supporters frame as escalating urban violence.
What This Means for Constitutional Order
These developments underscore a central question: Can a president invoke military force internally, against the will of state governments and over the objections of judges and governors, simply by declaring an emergency? The courts thus far have pushed back with restraints, but the situation is evolving rapidly.
At issue is not partisanship—it’s the integrity of our system. If the executive branch is allowed to reinterpret or bypass constitutional limits at will, we risk undermining the very foundations of federalism, checks and balances, and civilian control of the military.
Where We Stand
The Delaware Democratic Party and the Delaware Democratic Party Veterans & Military Families Caucus continue to affirm that any use of the National Guard must respect constitutional boundaries, honor state sovereignty, and adhere to the rule of law. We believe National Guard forces exist first and foremost to respond to natural disasters, crises, and emergencies within their own states—not as instruments of presidential policy in other states. These National Guard deployments are unconstitutional and illegal, and must be ended immediately.
The situation remains fluid. We will continue monitoring court rulings, congressional responses, and executive action, and we’ll keep you informed as this debate plays out.
Thank you for staying engaged.
Sincerely,
Evelyn Brady
Chair, Delaware Democratic Party
Jeffrey Quiggle
Chair, Delaware Democratic Party Veterans & Military Families Caucus
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Delaware Democratic Party
P.O. BOX 2065
WILMINGTON, DE 19899
United States
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