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HR 5604119th CongressIn Committee

National Guard Proper Use Act

Introduced: Sep 26, 2025
Sponsor: Rep. Salinas, Andrea [D-OR-6] (D-Oregon)
Immigration
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill would amend federal military law to explicitly prohibit members of the U.S. Armed Forces from being used to enforce immigration laws. The legislation would modify both Title 10 (covering active-duty military forces under federal control) and Title 32 (covering National Guard forces operating under state authority but with federal funding) of the United States Code. The bill's purpose is to establish a clear legal barrier preventing the deployment of military personnel for immigration enforcement activities, ensuring a separation between military operations and domestic immigration control functions traditionally handled by civilian law enforcement agencies.

Key Points

  • 1Prohibits the use of active-duty military personnel (Title 10) for immigration enforcement purposes
  • 2Extends the prohibition to National Guard members operating under Title 32 status
  • 3Creates a statutory restriction that would require congressional action to reverse
  • 4Reinforces the principle of civilian control over immigration enforcement
  • 5Would prevent military involvement in activities such as border patrol operations, immigration raids, or detention facility operations related to immigration

Impact Areas

U.S. Armed Forces: Would restrict how military personnel can be deployed domestically, limiting their role in immigration-related missionsImmigration Enforcement Agencies: Would ensure agencies like ICE and Border Patrol remain the primary entities responsible for immigration enforcement without military supportBorder States: Would affect how federal resources are allocated for border security and immigration control in states along U.S. bordersNational Guard: Would clarify that Guard members cannot be used for immigration enforcement even when operating under federal funding arrangements
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