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Trump wants to send the National Guard to CA’s border, but will the state consent? We talk state versus federal legal powers

A US border patrol vehicle guards the bank of the Bravo River, the natural border between the cities of El Paso, Texas in the United States and Ciudad Juarez in Mexico, as seen from Ciudad Juarez, Chihuahua state, Mexico on April 4, 2018.
US President Donald Trump on Wednesday ordered the National Guard to deploy to America's southern border, ratcheting up pressure on Mexico and taking another step in his quest to clamp down on illegal immigration. / AFP PHOTO / HERIKA MARTINEZ        (Photo credit should read HERIKA MARTINEZ/AFP/Getty Images)
A US border patrol vehicle guards the bank of the Bravo River, the natural border between the cities of El Paso, Texas in the United States and Ciudad Juarez in Mexico, as seen from Ciudad Juarez, Chihuahua state, Mexico on April 4, 2018.
(
HERIKA MARTINEZ/AFP/Getty Images
)
Listen 14:54
Trump wants to send the National Guard to CA’s border, but will the state consent? We talk state versus federal legal powers

President Trump says National Guard troops will be sent to the US-Mexico border to work with the border patrol. 

He’s describing this as essentially a stopgap until Congress approves funding for a border wall and tightens immigration enforcement overall.

But governors have a lot of say in how their National Guard personnel are used. Texas’ governor is applauding the President’s move. That state already has some National Guard members along the border. But what about California? Our leaders have been hostile to Trump. How might that affect Governor Brown’s willingness to cooperate?

What is the Federal government’s jurisdiction over state National Guard troops? We discuss the latest, plus the legal issues involved.

Guests:

Emily Cadei, D.C. correspondent for the Sacramento Bee; she tweets

Dwight Stirling, adjunct professor of law at USC; chief executive officer and co-founder of the Veterans Legal Institute in Santa Ana; he is a major and a judge advocate officer in the CA National Guard