Tennessee Keeps National Guard in Memphis While State Appeals Judge’s Ruling

The Tennessee National Guard will remain deployed in Memphis while the state appeals a judge’s injunction that had barred the troops from operating in the city, Gov. Bill Lee’s office said Tuesday.

Davidson County Chancellor Patricia Head Moskal issued the injunction after Democratic state and local officials sued, arguing the governor lacks authority to deploy the Guard for civil unrest unless there is an actual rebellion or invasion and local officials have requested assistance as required by state law.

Judge: governor’s power "is not unfettered"

In her order, Moskal wrote that the governor’s role as commander-in-chief of the National Guard "is not unfettered" and added, "There is no rebellion or invasion currently taking place in Memphis." She nevertheless temporarily stayed her injunction for at least five days to allow the state to file an "immediate application for permission to appeal." The order did not explain why she chose the five-day timeframe.

State to appeal; Guard remains on duty

Lee’s office said the state will appeal and that Guard members will remain deployed in Memphis while the appeal is pending, in line with the judge’s stay. The judge noted there is no formal written order from Gov. Lee authorizing the deployment; the only deployment-related document in the court record was a press release announcing the Guard would be sent.

"There’s no question these public safety efforts must continue," said Elizabeth Lane Johnson, a spokesperson for Gov. Lee, calling Memphis a city facing a "violent crime emergency."

What the deployment looks like on the ground

The Guard was sent as part of the Memphis Safe Task Force announced in September by President Donald Trump. The operation pairs Guard personnel with officers from roughly 30 federal and state agencies and the Memphis Police Department. Officials say the task force has made more than 2,500 arrests since late September.

Troops who arrived Oct. 10 have patrolled residential and commercial areas, including near the downtown Pyramid, wearing camouflage and vests marked "military police" and carrying sidearms in holsters. According to officials, Guard members do not have arrest or search powers; their role is described as support and deterrence.

Memphis Mayor Paul Young, a Democrat, said he never requested the Guard. Shelby County Mayor Lee Harris — a plaintiff in the lawsuit — argues the Guard’s presence intimidates residents and harms the city’s reputation. Tennessee Attorney General Jonathan Skrmetti confirmed an appeal is coming, saying the case raises legal questions with long-term implications for the state.

As of Nov. 13, the Memphis Police Department estimated about 140–180 Guard personnel were deployed, with plans to increase the total to roughly 350. It was not immediately clear whether the judge’s injunction — or the stay she issued — would affect that planned increase.