If Trump sends the National Guard into cities without the consent of governors, state leaders would be able to file court challenges, as California Governor Gavin Newsom did to block Trump from federalizing the National Guard to quell protests and riots over his immigration policy in Los Angeles earlier this summer, Banks said.

An executive order released on Monday directs the creation of specialized Guard units to quell civil disturbances in each state and seeks civilian volunteers to assist federal agents in Washington.