The President does, in fact, have the authority to call up the National Guard and other state militia per 10 U.S. Code § 252 - Use of militia and armed forces to enforce Federal authority and 10 U.S. Code § 253 - Interference with State and Federal law. The governor of the pertinent state ostensibly still has control over these forces; however per 10 U.S. Code § 254 - Proclamation to disperse:
Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.
This would seem to imply that these forces could be used to enforce this proclamation. Trump, of course, has already claimed that the ‘immigrant crisis’ is an invasion by foreign powers ‘sending’ immigrants the United States to interfere with elections, create crime and civil unrest, et cetera. That these claims are almost wholly without factual basis is regarded as a legalistic issue to be adjudicated in courts.
This should not come as a surprise to anyone concerned about the erosions of civil liberties and protections in the post-11 September 2001 era (and by administrations of both political flavors. Trump is just the first president brazen enough to use this power openly, and to have a veritable goon like Tom Homan as his enforcer.
Oh, these people are definitely looking for their ‘Reichstag Fire’ incident. The entire point of calling up National Guard troops against the wishes of the governor is in hope of inciting an incident, and in a state where he can blame the insurrection upon inaction of the state government.
Stranger