National Guard Proper Use Act

Key Points

• This bill would ban all members of the Armed Forces, including the National Guard, from being used to enforce or support the enforcement of immigration laws. It covers both active-duty troops under federal orders and Guard members under state orders.
• The prohibition applies to both Title 10 (federal active-duty military) and Title 32 (National Guard serving under state authority), closing potential loopholes where troops could be deployed under either authority to handle immigration duties.
• The bill explicitly ties this prohibition to the Posse Comitatus Act, the longstanding federal law that restricts the use of military forces for domestic law enforcement, extending its principles clearly to immigration enforcement.
• If enacted, this would prevent the executive branch from ordering military or National Guard deployments to the border for tasks like arrests, detentions, or deportation support, ensuring only civilian agencies like ICE and CBP handle immigration enforcement.