President Trump declared a public safety emergency in Washington, D.C. on Aug. 11, activating control over the police and deploying the National Guard following a violent incident. Under the Home Rule Act, federal control of local police is limited to 30 days unless Congress extends it. Experts disagreed with Trump's claim that a national emergency could eliminate this requirement, stating that the law does not allow for bypassing the limit. The Brennan Center confirmed that no provisions permit extending federal authority without congressional approval.
The Home Rule Act, signed in 1973 by President Richard Nixon, lets the president command the district's police department for up to 30 days in an emergency. After that, Congress must pass a joint resolution to extend federalization of local police.
The Brennan Center for Justice catalogued 137 statutory provisions that become available to the president when he declares a national emergency. None of those provisions authorizes the president to bypass the 30-day limit on requisitioning the services of the Metropolitan Police Department.
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