Republican proposes authorizing National Guard for immigration enforcement
The Trump administration is pushing for new legislation that would grant the president the authority to deploy National Guard units for immigration enforcement. This move is part of a broader effort to crack down on illegal immigration and impose stricter penalties on those who assault immigration officers.
The bill, spearheaded by Rep. Pat Harrigan, R-N.C., seeks to allow the president to federalize and deploy the National Guard in cases where states refuse to cooperate, similar to the situation with California Governor Gavin Newsom. Additionally, the proposed legislation mandates that individuals who assault immigration officers face severe consequences, including the death penalty or life imprisonment in the event of an officer’s death.
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 specific exception that would permit the National Guard to enforce federal immigration laws while under Title 10 or 32 federal orders. This includes tasks such as apprehending and detaining individuals in the U.S. unlawfully, executing removal orders, and conducting border security operations.
The motivation behind this proposal stems from growing Republican frustration with sanctuary jurisdictions that limit cooperation with federal immigration enforcement agencies. A recent Immigration and Customs Enforcement (ICE) raid in Los Angeles sparked widespread rioting, underscoring the need for stronger enforcement measures.
President Trump had previously deployed the National Guard and U.S. Marines in response to anti-ICE protests, leading to a legal battle with California over control of the Guard. Despite the state’s objections, the courts have upheld Trump’s authority to utilize the National Guard for immigration enforcement.
Rep. Harrigan emphasized the necessity of the GUARD Act, stating, “When state and local leaders refuse to enforce federal immigration law, the President has the authority – and the responsibility – to act.” The bill aims to address the issue of sanctuary policies that provide shelter to violent criminals and obstruct National Guard deployments intended to protect American communities.
In addition to authorizing capital punishment for killing an immigration officer, the proposed legislation mandates a minimum prison sentence of five years, escalating to 10 years if the assault causes bodily harm. These penalties mirror existing statutes that safeguard federal law enforcement officers but extend explicit protection to immigration enforcement personnel.
The GUARD Act represents a significant step towards enhancing immigration enforcement and safeguarding the integrity of federal laws. It underscores the administration’s commitment to upholding border security and ensuring the safety of immigration officers amidst mounting challenges posed by sanctuary jurisdictions.
