Legal and Political Context
The push comes as a federal appeals court weighs whether President Donald Trump has the legal authority to deploy out-of-state Guard units on D.C. streets. The three-judge panel on the U.S. Court of Appeals for the D.C. Circuit has no deadline to issue a decision.
The troop presence began after a federal state of emergency was declared in August 2025, dispatching federal personnel into D.C. neighborhoods. D.C. Attorney General Brian Schwalb challenged the move in court, arguing that the administration lacks the legal authority to deploy out-of-state National Guard units in the District.
During oral arguments in mid-October, the Department of Justice argued that the president ordered the deployment to support federal law enforcement missions, crediting the military footprint with a drop in local violent crime. Justice Department attorneys also warned that limiting presidential authority over the Guard could hamper future federal mobilizations for inaugurations, major protests and natural disasters.