The West Virginia National Guard announced participation in patrols in Washington, D.C., until the end of the year. However, the mission is being scaled back.
Members of the West Virginia National Guard who continue the work in Washington, D.C., now will be volunteers. About 160 West Virginia National Guard volunteers have been approved to remain in D.C.
All personnel not continuing as part of the D.C. Safe and Beautiful mission returned to West Virginia on Monday.
Gov. Patrick Morrisey said the state will re-evaluate extending the mission every quarter through the end of fiscal 2026.
“The WVNG exemplifies the spirit of collaboration that is vital in today’s efforts to enhance the safety of our homeland while supporting state and federal missions,” said Major General Jim Seward, adjutant general of the West Virginia National Guard.
On August 11, President Donald Trump declared a “crime emergency” for the District of Columbia, and five days later Governor Morrisey deployed 300 to 400 members of the West Virginia National Guard for support.
The governor’s August announcement noted that the mission would be funded at the federal level. That’s a Title 32 order, typically for natural disasters, where the National Guard remains under the control of the state’s governor but receives pay and benefits from the federal government for federal missions.
This federal law permits a member of the National Guard to be ordered to perform training or other duty that may include support of operations or missions undertaken by the member’s unit at the request of the President or Secretary of Defense.
Earlier this month, Kanawha Circuit Judge Richard Lindsay dismissed a challenge to the deployment by concluding the president was within his authority to call the Guard to Washington, D.C., and the governor has been within his authority to deploy the West Virginia National Guard there.
A couple of sections of West Virginia law seem to apply to the deployment.
One outlines the authority of the governor to order the organized militia to active state service, including the ability to order the militia to serve outside the state for training, parades or other duties.
Another describes the governor’s powers to call out the West Virginia National Guard “into the active service of the state” in events like war, insurrection, riot, invasion or public disaster.