Rep. Salinas Introduces Legislation to Prevent Presidential Abuse of National Guard

Washington, D.C. - Today, Congresswoman Andrea Salinas (OR-06) introduced the National Guard Proper Use Act. This legislation would reinforce long-standing legal restrictions on the President's ability to deploy the National Guard for immigration and domestic law enforcement purposes.

"The National Guard should not be used as a political tool for the White House or for ICE to enforce this Administration's inhumane and harmful immigration policies," said Congresswoman Salinas."While existing law already restricts the President's ability to deploy the National Guard for immigration and domestic law enforcement, this Administration has shown no respect for the rule of law. My legislation reinforces this legal precedent and would help reign-in an out-of-control President. Members of the National Guard are trained to protect our homeland and respond in times of crisis, not to target hardworking immigrants who contribute to our communities."

The National Guard Proper Use Act would amend Title 10 and Title 32 of the United States Code to reinforce that the National Guard, when under federal control or receiving federal pay, may not be ordered to support the enforcement of federal immigration laws. Congresswoman Salinas offered similar language as amendments to the House Defense Appropriations bill, as well as to the National Defense Authorization Act (NDAA). In both instances, the House majority refused to consider her amendments.

"A foundational principle of this country is that the military should not police us," said Naureen Shah, Director of Government Affairs for the American Civil Liberties Union's (ACLU) Equality Division. "That long-standing legal tradition applies to our immigrant neighbors and loved ones too - our military should not be carrying out deportations. This legislation reinforces that our troops shouldn't be forced to carry out ICE's reckless agenda, and we implore Congress to stop this dangerous redeployment of our military."

"This bill is an important reaffirmation of America's long-standing tradition of keeping armed forces out of domestic law enforcement," said Ben Farley, Special Counsel at the National Immigration Law Center (NILC). "That tradition - reflected in the Declaration of Independence, the Constitution, and the Posse Comitatus Act- is a critical safeguard of our democracy. It also ensures that the men and women of the armed forces, including the National Guard, are ready and able to carry out the actual missions for which they volunteered and have been trained."

Congresswoman Salinas was joined in introducing the bill by Congresswoman Tokuda.

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