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Trump took over the DC police. In NYC, a takeover would be harder, legal experts say.
By
Ben Feuerherd
Published Aug 12, 2025
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Photo by Lokman Vural Elibol / Anadolu via Getty Images
By
Ben Feuerherd
Published Aug 12, 2025
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President Donald Trump signaled Monday that federal law enforcement could become more prominent in New York City — as he moved to seize control of the Washington, D.C., police department and deploy the National Guard in the nation’s capital.
“I’m going to look at New York in a little while,” Trump said at the White House Monday. “Let’s do this. Let’s do this together.”
In Washington, Trump invoked a federal law that allows him to take control of the city’s police for two days in an emergency and for up to 30 days if he notifies certain members of Congress, said Peter Smith, a former Justice Department attorney and professor at George Washington University. But Smith and other legal experts said Trump may have a more difficult path if he attempts to exert federal control in cities other than Washington.
The legal experts said Trump could deploy the National Guard under specific circumstances, as he did during immigration protests in Los Angeles earlier this year. During his first term, Trump also deployed federal agents to guard federal property and buildings during protests in cities like Portland, Oregon. But there is no clear legal path for him to take over a police department like New York's which is not subject to the same federal control as Washington.
“There is not a clear legal pathway to take over the New York City government,” said John Fishwick, an attorney and former federal prosecutor from Virginia.
He added that Washington’s unique governmental position gives the president and the federal government wide discretion to take over the city’s police force and potentially its local rule.
Trump’s leverage over New York will likely be limited to funds meted out by the federal government, Fishwick said. But he added Trump does have the power to call in the National Guard if he concludes ICE agents are under attack.
Smith, the George Washington professor, said the law Trump invoked in Washington would have no authority outside of the nation’s capital.
“The statute would not grant authority for a federal takeover of police in other cities, including New York,” Smith said in an email. But Smith also added Trump does have the ability to call in the National Guard in certain circumstances.
Since Trump retook the presidency in January, he has been testing the limits of how federal authorities can be utilized in U.S. cities. He’s deployed federal agents from a range of agencies to enact his immigration agenda in cities across the country. He has also deployed the National Guard in California after protests in the Los Angeles region.
“Mr. Trump’s administration seems to do first and ask questions later. So, yes, I think we can be alarmed,” said Lenni Benson, a professor at New York Law School.
Any intervention by federal authorities would need to be accompanied by a description of what federal statute the agents are enforcing, Benson added.
When Trump sent federal agents to cities like Portland, Oregon, during protests in his first term they largely secured federal property, such as the federal courthouse in the city.
New York State has a number of federal lands where agents could be sent, she said.
“It could be a National Park,” Benson said. “It could be a waterway that is navigable and covered by the Army Corp of Engineers for safety. It could be our harbors.”
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Politics
new york city
public safety
Ben Feuerherd
Ben Feuerherd covers public safety and policing for WNYC and Gothamist. He previously covered federal courts for The New York Post and The Messenger. His work has also appeared in POLITICO, the Daily Beast and NBC New York. Got a tip? Email [email protected].
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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