The U.S. president can deploy the National Guard during rebellion and unrest
as well as the threat of invasion. Typically, the president invokes the Insurrection
Act. However, there is a specific provision in Title 10 of the U.S. Code on Armed
Services that allows for the president to activate the National Guard. This clause
can be used when:
(1) the United States, or any of the Commonwealths or possessions, is invaded
or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government
of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United
States.
However, the provision also states that “orders for these purposes shall be issued
through the governors of the States.” In June 2025 U.S. Pres. Donald Trump cited
the provision when he ordered the deployment of some 2,000 National Guard members
to Los Angeles, where there were demonstrations against immigration raids. The legality
of the order was questioned since it did not come from California Governor Gavin Newsom,
who opposed the deployment.
https://www.britannica.com/question/When-can-the-U-S-president-deploy-the-National-GuardI think the criterion "(2) there is a rebellion or danger of a rebellion against the authority of
the Government of the United States," says it all.
This is a rebellion against the federal government's authority to enforce immigration law. There's no question about that when the protesters state their "protest' is in response to the President's "ICE raids".
When a protest stops being peaceful and becomes violent against police and agents, it's by definition a rebellion.
There's precedence for the President to activate the National Guard in instances where the governor refuses to respect the law or the responsibilities of his office to allow law enforcement to do their jobs.
SEPTEMBER 10, 1963 -- President John F. Kennedy federalized the 17,000
member Alabama National Guard to allow black students to attend nine
previously all-white schools in Birmingham and across the state.
"Governor Wallace has refused to respect either the law or the authority of local
officials. For his own personal and political reasons -- so that he may later charge
Federal interference -- he is desperately anxious to have the Federal Government
intervene in a situation in which we have no desire to intervene," Kennedy stated.
Wallace, trying to avoid being served with a restraining order forcing integration of
Mobile schools, fled the state capitol, flanked by state troopers, shortly after 1:30
that morning.
https://www.al.com/birmingham-news-stories/2013/09/kennedy_federalized_national_g.htmlSimilarly, local law enforcement has a duty to keep the peace. If the Governor fails to deploy NG personnel to assist law enforcement when it's obviously necessary, then the President doesn't need the Governor's cooperation to activate the state's NG members.
Just my opinion, but this is not the first time something like this has happened.