Bill Summary
The "National Guard Proper Use Act" is a piece of legislation aimed at amending the United States Code to explicitly prohibit members of the Armed Forces, including the National Guard, from being used to enforce immigration laws. The Act reinforces the principles of the Posse Comitatus Act, which restricts the use of federal military personnel in domestic law enforcement roles.
Specifically, the Act adds new sections to both Title 10 and Title 32 of the United States Code, stating that members of the Armed Forces and the National Guard cannot be ordered to perform duties related to the enforcement or support of immigration laws as defined by the Immigration and Nationality Act. This legislation reflects a commitment to separating military responsibilities from domestic law enforcement, particularly in the context of immigration policy.
Possible Impacts
The "National Guard Proper Use Act" has several implications for various groups of people. Here are three examples of how this legislation could affect individuals and communities:
1. **Impact on Immigrant Communities**: The prohibition of Armed Forces members, including the National Guard, from enforcing immigration laws could lead to a sense of security among immigrant communities. Individuals may feel less threatened by potential military involvement in immigration enforcement, potentially reducing fear of deportation or harassment. This could encourage undocumented immigrants to engage more openly with local communities and access essential services without fear of military intervention.
2. **Local Law Enforcement Dynamics**: This legislation could shift the burden of immigration enforcement back to civilian law enforcement agencies. Local police departments may have to increase their role in immigration enforcement, which could lead to strained relations between law enforcement and immigrant communities. This could result in community members being less likely to report crimes or cooperate with police due to concerns about being reported to immigration authorities.
3. **National Guard Readiness and Resources**: By limiting the National Guard's involvement in immigration enforcement, resources and personnel may be redirected toward their primary mission of national defense and emergency response. This could enhance the readiness and effectiveness of the National Guard in responding to natural disasters or other emergencies. However, it might also mean fewer personnel available for local support roles that some communities depend on during crises, possibly affecting disaster response strategies in areas with high immigration enforcement concerns.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5604 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5604
To amend titles 10 and 32, United States Code, to prohibit the use of a
member of the Armed Forces to enforce the immigration laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2025
Ms. Salinas (for herself and Ms. Tokuda) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend titles 10 and 32, United States Code, to prohibit the use of a
member of the Armed Forces to enforce the immigration laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Proper Use Act''.
SEC. 2. PROHIBITION ON ENFORCEMENT OF IMMIGRATION LAWS BY MEMBERS OF
THE ARMED FORCES.
(a) Title 10.--Chapter 49 of title 10, United States Code, is
amended by inserting after section 974 the following new section:
``Sec. 975. Prohibition on enforcement of immigration laws
``In accordance with section 1385 of title 18 (commonly referred to
as the `Posse Comitatus Act'), a member of the Armed Forces may not be
ordered to perform duty under this title to enforce, or to support the
enforcement of, the immigration laws (as such term is defined in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).''.
(b) Title 32.--Chapter 3 of title 32, United States Code, is
amended by inserting after section 329 the following new section:
``Sec. 330. Prohibition on enforcement of immigration laws
``In accordance with section 1385 of title 18 (commonly referred to
as the `Posse Comitatus Act'), a member of the National Guard may not
be ordered to perform duty under this title to enforce, or to support
the enforcement of, the immigration laws (as such term is defined in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).''.
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