New GOP legislation could allow President Trump to deploy National Guard forces to sanctuary cities that refuse to enforce federal immigration laws, directly challenging governors like California’s Gavin Newsom who actively oppose federal enforcement efforts.
Key Takeaways
- The GUARD Act would create an exception to the Posse Comitatus Act, allowing federalized National Guard troops to detain individuals and execute deportation orders in sanctuary jurisdictions.
- Rep. Pat Harrigan (R-N.C.) authored the bill in response to sanctuary policies that limit cooperation with Immigration and Customs Enforcement (ICE).
- The legislation introduces harsh penalties for assaults on immigration officers, including potential life imprisonment or death penalty if an officer is killed.
- President Trump recently federalized 2,000 California National Guard troops to address immigration protests in Los Angeles, despite Governor Newsom’s opposition.
- A federal judge has already barred the Trump administration from withholding federal funds from sanctuary jurisdictions, setting up a potential legal battle.
National Guard Bill Takes Aim at Sanctuary Cities
The proposed GUARD Act represents a significant escalation in the federal government’s approach to immigration enforcement. Authored by Representative Pat Harrigan (R-N.C.), the legislation seeks to codify presidential authority to deploy National Guard units in jurisdictions that refuse to cooperate with federal immigration authorities. This move directly challenges sanctuary cities and states that have established policies limiting cooperation with Immigration and Customs Enforcement (ICE).
“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 Rep. Harrigan, emphasizing the president’s duty to enforce immigration laws even when state officials resist.
Legal Hurdles and Recent Precedent
The bill aims to create an exception to the Posse Comitatus Act, which currently restricts federal military forces from participating in domestic law enforcement activities. This longstanding limitation has been a key barrier to using military personnel for immigration enforcement. The GUARD Act would specifically permit federalized National Guard units to perform actions typically reserved for immigration authorities, including detaining individuals and executing deportation orders.
This legislation comes after President Trump already tested the boundaries of federal authority by federalizing 2,000 California National Guard troops to address immigration protests in Los Angeles. He invoked 10 USC §12406, a rarely used law, over the objections of California Governor Gavin Newsom, who called the move “purposefully inflammatory” and warned it “will only escalate tensions… [and] erode public trust.”
Ongoing Legal Battles Over Sanctuary Policies
The push for increased federal enforcement power comes despite recent legal setbacks. A federal judge in California recently barred the Trump administration from denying or conditioning federal funds to “sanctuary” jurisdictions. U.S. District Judge William Orrick issued an injunction prohibiting the administration “from directly or indirectly taking any action to withhold, freeze, or condition federal funds” from jurisdictions that limit cooperation with federal immigration efforts.
Sanctuary policies have been defended by local leaders who argue they enhance community safety by building trust with immigrant populations. However, critics, including Rep. Harrigan, strongly disagree with this assessment. “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.”
Broader Strategy to Enforce Immigration Laws
The GUARD Act represents just one part of a more comprehensive strategy to enforce immigration laws in resistant jurisdictions. The Trump administration has already expanded the 287(g) program, which allows state and local law enforcement to enforce federal immigration laws. Currently, there are 649 such agreements across 40 states, including with state National Guards in Texas and Florida. This expansion has alarmed civil rights advocates who note that the Task Force Model of 287(g) agreements was previously terminated due to civil rights abuses.
The administration’s emphasis on immigration enforcement through multiple avenues highlights the tension between federal authority and state autonomy. With sanctuary jurisdictions gaining injunctive relief from federal courts, the GUARD Act appears designed to provide the president with additional tools to bypass state resistance to immigration enforcement. Whether this approach will withstand judicial review remains to be seen, but it clearly signals the administration’s determination to enforce immigration laws nationwide, with or without local cooperation.
