Kelly, Booker Introduce Legislation to Ensure Responsible National Guard Deployments

Senators Mark Kelly (D-AZ) and Cory Booker (D-NJ) introduced theNotification of Troop Involvement and Congressional Engagement (NOTICE) Act, legislation that would require the President to notify Congress and provide a clear justification before deploying the National Guard for law enforcement purposes. The NOTICE Act is cosponsored by Senators Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Chris Van Hollen (D-MD), Elissa Slotkin (D-MI), and Alex Padilla (D-CA).

Since January 2025, President Trump has deployed the National Guard to several American cities without clear justification, raising legal and constitutional concerns. Most of these deployments have been made under a section of federal law that allows the President to take operational control of the National Guard under limited and extraordinary circumstances to repel foreign invasion, suppress rebellion, or when regular forces are unable to enforce federal law. The current law does not require the President to notify Congress with a justification for using the National Guard for domestic law enforcement, leaving this authority vulnerable to abuse. The NOTICE Act would require the President to provide Congress a clear justification for deploying National Guard domestically, restoring balance to Congress' constitutional oversight authority.

"Deploying the National Guard in American cities is a serious decision with real consequences," said Senator Kelly. "The American people deserve clear, timely information about why Guard members are being deployed, how long they'll be there, how civilians will be protected, and who's in charge. They aren't getting that from the Trump administration right now. As Trump talks about expanding these deployments, this legislation would provide the accountability and transparency needed to protect communities, service members, and the rule of law."

"Over the last 10 months, Donald Trump has assumed control of the National Guard to send troops into American cities without a clear objective or purpose. Under the guise of crime control, he has weaponized the military against our own citizens as punishment directed at Democratic-led cities," said Senator Booker. "These actions are a gross abuse of his limited authority to federalize the National Guard. This is happening in plain sight and must not be normalized. The NOTICE Act requires the President to notify Congress within 24 hours of any deployment so we can provide meaningful oversight, ensuring these decisions are within constitutional bounds and our communities and members of the military are kept safe."

"Presidents shouldn't be able to abuse their power and play politics with National Guard troops, deploying them over objections from that state's governor and local leaders. With this legislation, we are increasing congressional oversight over National Guard deployment decisions, ensuring they are made with full respect to the law," said Senator Van Hollen.

"Starting with Los Angeles, Donald Trump has unleashed his un-American, anti-immigrant playbook on city after city, terrorizing our communities with no accountability," said Senator Padilla. "By requiring advanced notice of domestic National Guard deployments, this bill helps safeguard against executive overreach to better ensure the National Guard remains focused on protecting our national defense and providing emergency support."

Specifically, the NOTICE Act would require the President to submit detailed notifications to Congress within 24 hours of any Title 10 Sec. 12406 deployment and provide ongoing updates if the deployment exceeds 48 hours. Notifications would include:

• A good faith claim for federalizing the National Guard;
• A specific description of the invasion, including the United States territory, the foreign power, and the act or acts of the foreign power that constitute an invasion necessitating the deployment;
• The rebellion against the authority of the Government of the United States, including the place and time of the rebellion, the person, persons, or group engaged in the rebellion, and the activities of those engaged in the rebellion necessitating the deployment of the National Guard;
• The laws of the United States which the President is unable to execute, the reasons that regular military forces are unable to execute the law, and, where the President is taking such action without the consent of the Governor of the State, evidence of the Governor's inability or refusal to provide for the safety and welfare of the public, or the Governor's refusal to obey a court order, or other active steps the Governor has taken to obstruct the President from faithfully executing the law;
• The geographical area where the National Guard will be called to, and the duration of the federalization of the National Guard;
• The training received by the National Guard;
• The chain of command under which the National Guard will be placed and their requirements to communicate with state and local forces.

To read the full text of the bill, click here.