New Bill Aims to Expand National Guard’s Role in Immigration Enforcement

A recent legislative proposal aims to formalize the authority of presidential deployment of the National Guard’s Immigration enforcement unit. The bill, driven by Rep. Pat Harrigan (R-N.C.), seeks to increase penalties for those who assault immigrants, contributing to ongoing efforts to address illegal immigration.

This legislation allows states to federalize and deploy the National Guard when local governments refuse to cooperate, a point seen in California’s response to federal directives. It notably stipulates that individuals who assault immigration officers will face severe consequences, potentially receiving the death penalty or life imprisonment if an officer is killed.

Under current law, using federal troops for domestic enforcement is restricted. However, the Security Act presents specific exceptions, permitting the National Guard to operate under federal orders solely to uphold immigration laws. This covers illegal detention of U.S. citizens and execution of removal orders, as well as bolstering border security functions.

The proposal comes amidst growing tensions with what some describe as “sanctuary” jurisdictions, which limit their cooperation with federal immigration enforcers. This friction has seen a rise in protests following a recent Immigration and Customs Enforcement (ICE) incident in Los Angeles.

According to DHS officials, the National Guard is authorized to detain individuals involved in attacks on ICE agents.

Harrigan has emphasized that “The Guard Act clarifies the president’s authority and responsibility to act when local leadership fails to enforce federal immigration laws.” He criticized sanctuary policies, arguing they create unsafe environments by enabling violent criminals and hinder the National Guard’s capability to protect communities.

The legislation not only reinforces existing penalties for violent acts against immigrants but also introduces mandatory minimum sentences, escalating from five years for assaults to ten years when physical injuries occur. These proposed penalties echo protections currently in place for federal law enforcement, yet they explicitly extend to immigration enforcement agents.