HR4080-119

1. Short title This Act may be cited as the Guarding U.S. Authority for Removal and Detention Act or the GUARD Act.

2. Amendment to the posse comitatus act Section 1385 of title 18, United States Code, is amended— by striking Whoever and inserting (a) Whoever; and by adding at the end the following new subsection: Subsection (a) shall not apply to the use of members of the National Guard— performing State duty under orders issued by the Governor of such State; or performing duty under title 10 or 32, if such members are used exclusively for— the enforcement of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C.1101)), including the apprehension or detention of aliens unlawfully present in the United States, and the execution of orders of removal issued under the immigration laws; or border security operations. (b)ExceptionsSubsection (a) shall not apply to the use of members of the National Guard— (1)performing State duty under orders issued by the Governor of such State; or (2)performing duty under title 10 or 32, if such members are used exclusively for— (A)the enforcement of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C.1101)), including the apprehension or detention of aliens unlawfully present in the United States, and the execution of orders of removal issued under the immigration laws; or (B)border security operations..

3. Assaulting immigration enforcement personnel Chapter 7 of title 18, United States Code, is amended by adding at the end the following: Whoever knowingly assaults, resists, opposes, impedes, intimidates, or interferes with— any officer or employee of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other Federal immigration enforcement agency; or any State or local law enforcement officer acting under Federal authority or in active assistance of Federal immigration enforcement operations in the performance of their official duties, or on account of the performance of such duties, If bodily injury results from the acts committed in violation of subsection (a), the term of imprisonment shall be not less than 10 years and not more than 30 years. If death results from the acts committed in violation of subsection (a), the offender shall be subject to imprisonment for life or the death penalty. The table of sections for chapter 7 of title 18, United States Code, is amended by inserting after the item relating to section 119 the following: 119A.Assault on immigration enforcement officers (a)Whoever knowingly assaults, resists, opposes, impedes, intimidates, or interferes with— (1)any officer or employee of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other Federal immigration enforcement agency; or (2)any State or local law enforcement officer acting under Federal authority or in active assistance of Federal immigration enforcement operations in the performance of their official duties, or on account of the performance of such duties,shall be fined under this title and imprisoned not less than 5 years and not more than 20 years. (b)If bodily injury results from the acts committed in violation of subsection (a), the term of imprisonment shall be not less than 10 years and not more than 30 years. (c)If death results from the acts committed in violation of subsection (a), the offender shall be subject to imprisonment for life or the death penalty.. 119A. Assault on immigration enforcement officers..

119A. Assault on immigration enforcement officers Whoever knowingly assaults, resists, opposes, impedes, intimidates, or interferes with— any officer or employee of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other Federal immigration enforcement agency; or any State or local law enforcement officer acting under Federal authority or in active assistance of Federal immigration enforcement operations in the performance of their official duties, or on account of the performance of such duties, If bodily injury results from the acts committed in violation of subsection (a), the term of imprisonment shall be not less than 10 years and not more than 30 years. If death results from the acts committed in violation of subsection (a), the offender shall be subject to imprisonment for life or the death penalty.