Understanding the Rules for Deploying the National Guard and the Marines — and Their Rules of Engagement
I. Deployment Rules: National Guard vs. Marines
A. National Guard
The National Guard is unique in that it operates under both state and federal authority. Its deployment depends on who is in command and the situation at hand.
1. State Activation (Title 32 U.S. Code)
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Governors can activate their state’s National Guard for emergencies such as natural disasters, civil disturbances, or public health crises.
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Troops remain under state command, even though they may receive federal funding.
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This is the most common type of activation (e.g., hurricanes, riots, COVID-19 pandemic).
2. Federal Activation (Title 10 U.S. Code)
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The President can federalize the National Guard, placing them under Department of Defense (DoD) command.
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Used for national defense missions, overseas deployments, or large-scale emergencies.
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Once federalized, Guard troops operate like active-duty military forces.
3. Restrictions
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When under state authority, Guardsmen can perform law enforcement roles (search, seizure, arrest).
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When federalized, the Posse Comitatus Act (1878) generally prohibits using federal military forces for domestic law enforcement unless explicitly authorized by Congress or the Constitution.
B. U.S. Marines
The U.S. Marine Corps, as part of the Department of the Navy, is a federal force. It cannot be activated by state governors and does not serve any state-specific role.
1. Presidential Authority (Title 10 U.S. Code)
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Only the President can deploy the Marines.
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Marines are used primarily for overseas combat operations, crisis response, embassy security, and limited domestic tasks (e.g., disaster relief under specific conditions).
2. Domestic Use
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Use of Marines on U.S. soil is rare and typically for non-law enforcement missions.
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Any use for law enforcement must be authorized by law (e.g., Insurrection Act).
II. Rules of Engagement (ROE)
Rules of Engagement are directives that define when, where, and how military force may be used.
A. General Principles (Applicable to All U.S. Forces)
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Self-Defense
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U.S. forces may always use force in self-defense.
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This includes unit self-defense and individual self-defense.
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Necessity and Proportionality
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Force must be necessary to accomplish the mission.
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The level of force must be proportional to the threat.
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Positive Identification (PID)
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Before engaging, troops must confirm that a target is hostile or a valid military objective.
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Distinction and Discrimination
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Troops must distinguish between combatants and non-combatants.
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Civilian casualties must be minimized.
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B. National Guard ROE (Domestic Missions)
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When under state control, National Guard ROE are governed by state law and policies.
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ROE are generally more restrictive during domestic missions, especially in crowd control or riot situations.
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Use of force is usually graduated:
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Presence
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Verbal commands
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Physical restraint
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Non-lethal weapons (e.g., tear gas, rubber bullets)
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Lethal force (only if there is a threat of death or serious bodily harm)
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C. Marines ROE (Combat Missions)
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In overseas operations, Marine ROE are governed by:
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U.S. military doctrine
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International law (Geneva Conventions)
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Operational-specific ROE, approved by commanders and possibly the President.
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These rules vary based on the mission, whether it's counterinsurgency, peacekeeping, or full-scale combat.
The rules for deploying the National Guard and Marines reflect their distinct roles in U.S. national security. The Guard can operate at the state or federal level and may engage in law enforcement under state control, while the Marines serve only under federal authority and focus primarily on national defense and overseas operations. Both forces follow strict rules of engagement to balance mission success with respect for human rights and legal standards.
During violent riots, the National Guard can be activated by a state governor under Title 32 authority to help restore order and protect lives and property. In this role, they remain under state control and are legally allowed to perform law enforcement functions, such as crowd control, enforcing curfews, making arrests, and protecting critical infrastructure.
Their use of force follows a graduated response, starting with presence and verbal warnings, and escalating only if necessary to non-lethal methods (like tear gas or rubber bullets). Lethal force is used only as a last resort, in cases of clear and immediate threat to life. If federalized (under Title 10), their law enforcement powers are typically restricted by the Posse Comitatus Act unless overridden by specific legal authorization like the Insurrection Act.
In ICE protests, the National Guard has serves mostly as a supporting force when protests became unruly or overwhelmed local authorities. Their role is not to enforce immigration law, but to help ensure public safety and protect infrastructure, especially federal property, when called upon by state leadership.
