National Guard Proper Use Act
Summary
What This Bill Does
The National Guard Proper Use Act adds parallel immigration-enforcement limits to title 10 and title 32. It creates a new title 10 section 975 stating that, in accordance with the Posse Comitatus Act, members of the Armed Forces may not be ordered to perform duty under title 10 to enforce, or support enforcement of, immigration laws as defined in the Immigration and Nationality Act. It also creates a new title 32 section 330 applying the same rule to members of the National Guard on title 32 duty. The bill is a deployment-authority restriction rather than a benefits or funding program: it prevents military and National Guard personnel from being assigned immigration enforcement support under those authorities.
Who Benefits and How
Active-duty servicemembers benefit because they cannot be ordered under title 10 to perform immigration enforcement or support. National Guard members benefit because the same restriction applies to title 32 duty. Immigrant communities benefit from a clearer statutory limit on military participation in immigration enforcement. Civil liberties advocates benefit because the bill reinforces Posse Comitatus principles in the immigration context.
Who Bears the Burden and How
Defense Department operations planners must avoid title 10 missions that enforce or support immigration laws. State National Guard commanders must avoid title 32 immigration enforcement support assignments. DHS immigration enforcement planners lose access to military or National Guard support under the covered authorities. Governors and federal officials must account for the new statutory limit when considering Guard deployments.
Key Provisions
- Prohibits title 10 Armed Forces members from enforcing or supporting enforcement of immigration laws.
- Prohibits title 32 National Guard members from enforcing or supporting enforcement of immigration laws.
- Provides the restrictions in accordance with the Posse Comitatus Act.
- Defines immigration laws by reference to the Immigration and Nationality Act.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Bars members of the Armed Forces under title 10 and National Guard members under title 32 from being ordered to enforce or support enforcement of immigration laws, tying the restriction to the Posse Comitatus Act.
Key Policy Areas
Defense, Immigration Enforcement, National Guard
Primary Purpose
Bars members of the Armed Forces under title 10 and National Guard members under title 32 from being ordered to enforce or support enforcement of immigration laws, tying the restriction to the Posse Comitatus Act.
Policy Domains
Resolution provisions
Identified Gains
- Active-duty servicemembers
- National Guard members
- Immigrant communities
- Civil liberties advocates
Identified Costs
- Defense Department operations planners
- State National Guard commanders
- DHS immigration enforcement planners
- Governors
Sponsors
Legislative Progress
In CommitteeMs. Salinas (for herself and Ms. Tokuda) introduced the following …
Referred to the House Committee on Armed Services.
Introduced in House
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
DHS immigration enforcement planners, Defense Department operations planners
National Guard members, State National Guard commanders
Positive-direction: National Guard members
Negative-direction: State National Guard commanders
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology