D.C. National Guard members clean up the park around Fort Stevens Recreation Center, Saturday, Oct. 11, 2025, in Washington. News of the cleanup sparked a community debate over the presence of the Guard. Credit: AP/Gary Fields

A judge on Monday allowed the continued deployment of more than 300 West Virginia National Guard members to patrol the streets of Washington, D.C., as part of President Donald Trump’s push to send the military into Democratic-run cities.

Kanawha County Circuit Judge Richard D. Lindsay made the ruling after hearing arguments in a lawsuit by a civic organization that argued Republican Gov. Patrick Morrisey exceeded his authority when he authorized the Guard’s deployment in August.

"The question before this court is whether or not state law allows West Virginia to do this,” Lindsay said. “The court has found that.”

The judge added: “This court believes that the federal law allows for the request made by the president to the governor,.

West Virginia is among several states that sent National Guard members to the nation’s capital. While the state National Guard has said its deployment could last until the end of November, it is consulting with the governor’s office and others on the possibility of extending the stay.

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Formal orders were issued last week extending the deployment of the District of Columbia's National Guard in the city through the end of February.

“We are pleased with the judge’s decision,” Jace Goins, the state’s chief deputy attorney general, said outside the court in Charleston. “The National Guard are going nowhere. They’re staying in D.C. They’re not going to be redeployed to West Virginia.

National Guard soldiers patrol on the National Mall near the U.S. Capitol, Friday, Oct. 17, 2025, in Washington. Credit: AP/Rahmat Gul