GUARD Act

The GUARD Act (Guarding U.S. Authority for Removal and Detention Act) would do two main things. First, it would amend the Posse Comitatus Act to authorize National Guard forces to be used for immigration enforcement under specific conditions. Specifically, Guard troops could be employed either (a) on State duty under a Governor’s orders, or (b) on Title 10 or Title 32 duty if they are used exclusively for enforcing immigration laws or border security operations. This creates explicit exceptions to limits on military involvement in domestic law enforcement when the mission is immigration enforcement or border security. Second, the bill creates a new federal offense, Sec. 119A, titled “Assault on immigration enforcement officers.” It punishes knowingly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal immigration officers (e.g., ICE, CBP) or state/local officers acting under Federal authority in immigration operations. Penalties start at 5 years in prison (up to 20 years) and rise to 10-30 years if bodily injury results, and life imprisonment or the death penalty if death results. The act also makes a clerical amendment to insert the new section into Chapter 7 of Title 18 and clarifies the scope of who falls under the new offense.