The National Guard will remain in Washington, D.C., potentially for years, as internal documents suggest a "long-term persistent presence" could last through the summer of 2026, according to a court filing by District of Columbia Attorney General Brian Schwalb. The filing, submitted on Friday, highlights concerns about the ongoing deployment of National Guard troops in the capital, initially ordered by President Trump in August after declaring a "crime emergency."
This news comes on the heels of a 9th Circuit Court of Appeals ruling that allowed the Trump administration to deploy National Guard troops to Portland, Oregon, a move that had been blocked by a federal judge and left in legal limbo until the ruling on Monday.
Schwalb's filing is part of a lawsuit challenging what he calls the unlawful deployment of the National Guard in D.C. Documents filed by Schwalb allege that the Guard has been cooperating with local law enforcement operations, which he argues violates federal law. An email from D.C. National Guard Commander Maj. Gen. Leland Blanchard instructed troops to begin "wintering" their formation, suggesting the expectation of a prolonged stay in the capital through the colder months.
The filing also reveals that additional service members from Alabama and other states have been rotated into the city since mid-September, further indicating that the operation is ongoing. Schwalb has expressed concerns about out-of-state troops receiving orders directly from the D.C. National Guard, which reports to the Pentagon, not local officials.
One of the most significant legal concerns raised in the filing is the use of the National Guard as federal law enforcement officers. Documents show that some Guard members have been deputized to perform policing duties, a move Schwalb argues violates the Posse Comitatus Act. This 147-year-old law prohibits the use of federal troops for domestic law enforcement unless authorized by Congress.
White House spokeswoman Taylor Rogers responded to the filing, asserting that President Trump had successfully quelled the "out-of-control crime crisis" in D.C., turning it into a "safe and clean city." She added that the continued presence of the National Guard is crucial for the long-term success of federal operations to deter violent crime.
However, Schwalb warned that the extended deployment of armed soldiers, many of whom lack police training, could pose a risk to public safety. U.S. District Judge Jia Cobb, a Biden appointee, is overseeing the case but has not yet ruled on D.C.'s request for an injunction to stop the National Guard’s continued presence in the city.
