As Trump threatens more National Guard deployments, should Denver be concerned?

President Donald Trump recently inked an executive order creating a series of specialized military units within the U.S. National Guard that, under the direction of Secretary of Defense Pete Hegseth, will be “specifically trained and equipped to deal with public disorder issues.”
Citing recent troop deployments to Los Angeles and to D.C., some say the directive is a green light for the administration to fully elevate the military’s role in local law enforcement to reduce crime and “lawlessness,’ particularly in “sanctuary cities.”
Given the fact that Denver Mayor Mike Johnston and the Trump administration have repeatedly locked horns over the city’s policies that limit its cooperation with federal immigration authorities, should the Mile High City be worried?
No. At least not for now, experts say.
A spokesperson for the Colorado National Guard Joint Force Headquarters told The Denver Gazette that at this time, there are no orders or pending orders for such deployments related to the president’s directives, a fact also confirmed by the office of Governor Polis.
Johnston, during his Aug. 27 Reddit “Ask Me Anything,” called Trump’s “militarization” of the nation’s cities “unprecedented” and “dangerous,” and promised to take the administration to court “on day one” should the threat arise.
“Any first-year law student in America could tell you that deploying the U.S. military on the streets of American cities in times of peace to enforce domestic law is clearly illegal,” the mayor posted. “Denver does not need any help from the National Guard, as we are seeing the largest decrease in violent crime of any top 50 city in the country.”
Recently, the Trump administration has suggested that federal intervention is warranted to combat crime in Chicago, pointing to gun violence over the Labor Day weekend, where 50 people were injured and eight people lost their lives.
“Chicago is the worst and most dangerous city in the World, by far,” President Trump wrote on his social media platform. “(Illinois Governor) Pritzker needs help badly, he just doesn’t know it yet. I will solve the crime problem fast, just like I did in DC. Chicago will be safe again, and soon.”
As the windy city braces for what may come, Chicago Mayor Brandon Johnston signed an executive order on Aug. 30 aimed at limiting the power of federal law enforcement officers and National Guard troops, and directing the city’s law department to use “every legal mechanism” to stop the president’s plan.qc
The Denver Gazette reached out to Mayor Mike Johnston, asking if similar plans for an executive order here in Denver may be in the works, but his office declined to comment, adding that “we don’t have anything more to say than what the mayor said on Reddit.”
There are more than 5,500 members of the Colorado National Guard, comprising both the Army and the Air National Guard, with the majority assigned to units along the Front Range.
Legal experts, such as University of Colorado Associate Professor of Law Jonathon Booth, say that while the president can federalize troops in support of civil authority in some instances, specific guardrails may limit the power that troops have.
The legal situation in Washington, D.C., where Trump recently deployed National Guard troops, is unique in that it is not a state, but rather a federal enclave with limited home rule as granted by Congress in the Home Rule Act of 1973, Booth told The Denver Gazette.qc
The federal government has significantly more power in Washington, D.C., than in states like Colorado.
The president has “absolutely no legal authority” to federalize the Denver police, Booth explained. “That is power unique to the D.C. police.”
However, Booth said the president could attempt to declare an emergency and federalize the Colorado National Guard,” but doing so would presumably be against the wishes of Governor Polis.”
“Colorado’s National Guard members play an important role in protecting our state during natural disasters and emergencies at home and abroad, and that I would not support federal overreach to activate the National Guard outside of regular order,” Polis said in a statement to The Denver Gazette. “I signed an Executive Order earlier this month authorizing the use of the National Guard in response to the fires burning in Western Colorado to support response efforts and as requested by the Colorado Department of Public Safety.”
Polis added: “My recent executive order qcstreamlined the process for authorizing the National Guard for the multiple fires across the state, and any effort to pull members from these or future fire missions would endanger Coloradans and our communities.”
“Bringing in the National Guard to occupy our neighborhoods is never the right way to address challenges — it only escalates tensions instead of solving problems,” Johnston said.
After the Trump administration deployed thousands of National Guard soldiers and U.S. Marines to Los Angeles following protests over immigration raids, the Democratic Gov. Gavin Newsom sued, arguing the president’s actions violated federal law.
On Sept. 2, U.S. District Court Judge Charles Breyer ruled in a 52-page opinion that Trump’s decision was illegal. qc
“When federalized, the National Guard is forbidden by the Posse Comitatus Act of 1878 qcfrom engaging in law enforcement, Booth told The Denver Gazette. “That is why when the Guard was deployed to Los Angeles, the White House claimed they were there simply to provide security to ICE agents.”
But in the context of a “crime emergency,” Booth said, it is hard to know what Guard members could be doing other than engaging in law enforcement.
“The most likely answer, in my view, is to stand around with guns in the hope of deterring crime,” he said.