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He only has authority over State Guard, not National Guard. A 100 mile border zone where federal authority can operate was established in 1953, although this wasn't passed by Congress so it has always been controversial.
The president can legally utilize the Guard though two legal statues: Title 32 or Title 10.Title 10 of the U.S. Code federalizes the Guard and gives the president full control of the troops. Federalized Guard troops may be deployed anywhere in the world.Under Title 32, Guard troops may be used within the continental U.S. to perform homeland defense activities. The federal government pays for the costs of the operation, but the governor retains ultimate command and control of the troops.Trump’s memorandum specifies that his administration will use Title 32 to request Guard troops at the border, meaning that the governors must consent. Homeland Security Secretary Kirstjen Nielsen noted Wednesday that the federal government plans to work closely with governors.President George W. Bush and President Barack Obama also used Title 32 to deploy National Guard troops to the border in 2006 and 2010.Governors have refused presidential requests to deploy National Guard troops in the past. Gov. Arnold Schwarzenegger declined to send additional National Guard troops to the California-Mexico border in 2006, citing concerns that other parts of the state could be vulnerable in the case of a natural disaster.While Title 32 does not give the president full command of Guard troops, it allows for more flexibility in the type of work that the forces may do. “The benefit of the Title 32 status from the perspective of the feds is those soldiers are not constrained by the Posse Comitatus Act,†William Banks, a law professor at Syracuse University and retired director of the college’s Institute for National Security and Counterterrorism, told The Daily Caller News Foundation.
