As President Trump Militarizes U.S. Cities, Tennessee Leaders Sue to Block Unlawful National Guard Deployment in Memphis

FOR IMMEDIATE RELEASE
October 17, 2025

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As President Trump Militarizes U.S. Cities, Tennessee Leaders Sue to Block Unlawful National Guard Deployment in Memphis

Memphis, TN — Seven elected officials from across Tennessee filed a lawsuit and a motion for immediate relief today challenging Governor Bill Lee’s deployment of the Tennessee National Guard to the city of Memphis at the request of President Trump. The complaint, filed in Davidson County Chancery Court by counsel Democracy Forward, National Immigration Law Center, and Sherrard Roe Voigt & Harbison, PLC, argues that Governor Lee’s deployment violates both the Tennessee Constitution and state statutes, which allow the Guard to be called up only in the event of a rebellion or invasion—and only when the General Assembly declares that public safety requires it. No such conditions exist in Memphis today.

Tennessee statutes also stipulate that if the National Guard is to be deployed to address a breakdown of law and order, the city or county government must formally request it — but Memphis and Shelby County have not done so. Any statewide deployment of the Guard requires the advice and consent of the legislature, which Governor Bill Lee has not sought or obtained. By bypassing these required steps and acting unilaterally, the Governor overstepped the limits of his authority.

The plaintiffs include Shelby County Mayor Lee Harris, Memphis City Council member JB Smiley, Jr., Shelby County Commissioners Henri E. Brooks and Erika Sugarmon, State Representatives G.A. Hardaway and Gabby Salinas, and State Senator Jeff Yarbro.

Governor Lee’s announcement followed a presidential memorandum titled “Restoring Law and Order in Memphis,” which requested the Tennessee National Guard to support local law enforcement under Title 32 of the U.S. Code.

“Abiding by the law isn’t partisan, and no Governor can ignore the Constitution to send troops into Tennessee towns and cities,” said Shelby County Mayor Lee Harris. “The deployment of the National Guard in this manner is unconstitutional, as the Constitution permits such action only through the General Assembly in cases of rebellion or invasion, neither of which exists today. Rather than restoring order, this action erodes public trust and heightens fear, underscoring that real public safety comes from investing in education, housing, and mental health, not from militarizing our communities.”

“Governor Bill Lee’s decision to send the National Guard into Memphis at President Trump’s request isn’t leadership…it’s illegal. The governor has disregarded our laws to deploy troops to intimidate our city, and the president’s talk of using communities like Memphis as training grounds is dangerous and dehumanizing. Memphis deserves to be respected, not treated like the playground of an out of control dictator,” said JB Smiley Jr., Memphis City Councilman and Attorney.

“As the daughter of the late Judge Russell Sugarmon, a lifelong advocate for social justice and equity, and Dr. Miriam DeCosta-Willis, the first Black faculty member at the then–Memphis State University who helped strategize and organize Black Mondays in Memphis and who taught me to stand for the least of us, I have a moral and civic duty to speak out. When the federal government weaponizes the National Guard and other federal agencies against its own people, silence is not an option,” said Shelby County Commissioner Erika Sugarmon.

“I oppose the deployment of the National Guard in Memphis because our children should never have to grow up surrounded by armed soldiers in their own neighborhood. Seeing armed military presence at schools, churches, and community centers does not create safety. It creates fear and long-lasting trauma. Our children deserve peace, trust, and opportunity, not the sight of armed troops on every corner. Memphis needs economic investment, investment in hope, healing and community, not militarization,” said Shelby County Commissioner Henri E. Brooks.

“The Tennessee National Guard is not adequately trained and not adequately experienced in the various state statutes and local ordinances of Memphis and Shelby County. That is why our law enforcement officers receive such intensive background checks and training in policing our civilians. I will not violate my oath of office or the Tennessee Constitution by failing to speak out and work against the unconstitutional deployment of National Guard personnel into Memphis and Shelby County. Public safety is the number one priority for all elected officials and I will not abandon my constituents to become pawns of political propaganda and posturing,” said Representative G.A. Hardaway.

“We are either a state with laws or we are not. No one should be above the law– not even the Governor or the President. By not coming to the legislature, the Governor abandoned his oath to uphold the constitution of Tennessee. The deployment of the National Guard to Memphis is an abuse of power and as a legislator I will use all tools afforded to me by our constitution and state laws to protect the safety and dignity of everyone that calls Memphis and Tennessee their home,” said Tennessee State Representative Gabby Salinas.

“No legitimate law enforcement operation can be based on the State violating its own laws,” said Tennessee State Senator Jeff Yarbro. “Tennessee’s Constitution has prohibited using military forces to police Tennessee citizens for over 150 years, and the Governor and Attorney General shouldn’t be playing fast and loose with the law or using our National Guard as political props.”

“The illegal and unnecessary deployment of the National Guard in Memphis is part of the Trump administration’s broader strategy to test the limits of power, consolidate executive authority, and condition the American people to the presence of the armed forces on American streets,” said Benjamin R. Farley, special counsel at the National Immigration Law Center. “These actions offend our country’s long and deeply held resistance to the intrusion of the military into civilian affairs like policing.”

“Yet, again, the President and his allies are engaged in an unlawful and harmful use of military force in an American city. There has been no invasion or rebellion in Memphis, which is the prerequisite for National Guard deployment,” said Skye Perryman, President and CEO of Democracy Forward. “The people of Tennessee deserve leaders who respect the limits of their office and the rule of law. Using military forces in our cities and communities without legal justification threatens democracy and puts communities at risk.”

The plaintiffs are asking the Davidson County Court to block the deployment from proceeding, citing the clear absence of legal authority and the imminent harm to the constitutional balance between civilian and military power.

Read the complaint here. 

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