Earlier this month, soldiers dressed in fatigues began patrolling the streets of Memphis — after Tennessee Governor Bill Lee unlawfully deployed them to do President Trump’s bidding. This misuse of the National Guard constitutes a serious threat to the rights and well-being of immigrants and U.S. citizens alike and is part of coordinated effort to militarize cities across the country.

Friend, we refuse to stand by while our communities are turned into war zones, and our democracy is dismantled. That’s why we’re suing to stop this unlawful use of the military and protect the rule of law.

Governor Lee’s deployment of the National Guard in Memphis violates the Tennessee Constitution, which says the Guard can only be called up in the event of a rebellion or invasion — and only when the General Assembly declares that public safety requires it. It also violates Tennessee state law, which limits the Governor’s authority to use the Tennessee National Guard to situations of extreme emergency, including invasion, disaster, or insurrection; or when a city or county requests assistance due to a breakdown of law and order.

But there is no rebellion in Memphis and there is no breakdown of law and order in Shelby County. Neither Memphis nor Shelby County have requested the Governor’s assistance, and the Governor has not requested — let alone received — the advice and consent of the Tennessee General Assembly to order Tennessee’s National Guard into Memphis’ streets. Governor Lee is clearly overstepping the limits of his authority.

What’s happening in Memphis is not only illegal — it is a warning sign of a deeper erosion of democratic norms. While the administration seeks to desensitize the public, we know better. Armed forces have no place patrolling the neighborhood streets of a democracy. And that is why we are headed to court — to stand up for our communities, our rights, and the rule of law.

Stay tuned for more,

Benjamin Farley
Special Counsel
National Immigration Law Center

Our lawsuit was filed on behalf of seven elected officials from Tennessee and our co-counsel, Democracy Forward and Sherrard Roe Voigt & Harbison, PLC.