Friday, 22 Aug 2025

GOP bill would grant Trump right to deploy National Guard for immigration enforcement

The GUARD Act aims to authorize presidential deployment of National Guard for immigration enforcement when states refuse to cooperate, with harsh penalties for attackers.


GOP bill would grant Trump right to deploy National Guard for immigration enforcement

Under current law, the Posse Comitatus Act prohibits the use of federal military forces for domestic law enforcement purposes. However, the GUARD Act proposes a narrowly tailored exception permitting the National Guard - while under Title 10 or 32 federal orders - to be used "exclusively" for enforcing federal immigration law. That includes apprehending and detaining individuals in the U.S. unlawfully, as well as executing removal orders and conducting border security operations.

Trump sent in the National Guard to respond to anti-ICE protests, and later deployed U.S. Marines. 

California sued over the deployment, but so far the courts have allowed Trump to keep control of the Guard.

"The GUARD Act makes one thing clear: When state and local leaders refuse to enforce federal immigration law, the President has the authority - and the responsibility - to act," said Harrigan.

 "Sanctuary policies have turned entire cities into safe havens for violent criminals, and now some governors are actively blocking National Guard deployments that protect American communities. What unfolded in Los Angeles isn't isolated. It's exactly why this bill is needed. Public safety cannot depend on whether a governor feels like obeying federal law."

In addition to capital punishment for killing an immigration officer, the bill mandates a minimum of five years in prison and 10 years if the assault causes bodily injury.

The proposed penalties mirror similar statutes that protect federal law enforcement officers but extend explicit coverage to immigration enforcement personnel.

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