FIRST ON FOX: New legislation aims to codify the president's authority to deploy National Guard units for immigration enforcement, as part of a broader effort to crack down on illegal immigration and stiffen penalties for those who assault immigration officers.
The bill, authored by Rep. Pat Harrigan, R-N.C., would allow the president to federalize and deploy the National Guard when states refuse to cooperate, like Gov. Gavin Newsom in California. It also stipulates that those who assault immigration officers receive the death penalty or life in prison if an officer is killed.
Under current law, the Posse Comitatus Act prohibits the use of federal military forces for domestic law enforcement purposes. However, the GUARD Act proposes a narrowly tailored exception permitting the National Guard - while under Title 10 or 32 federal orders - to be used "exclusively" for enforcing federal immigration law. That includes apprehending and detaining individuals in the U.S. unlawfully, as well as executing removal orders and conducting border security operations.
The proposal comes amid growing Republican frustration with so-called "sanctuary" jurisdictions that limit cooperation with federal immigration enforcement agencies - and after an Immigrations and Customs Enforcement (ICE) raid in Los Angeles led to widespread rioting.
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Trump sent in the National Guard to respond to anti-ICE protests, and later deployed U.S. Marines.
California sued over the deployment, but so far the courts have allowed Trump to keep control of the Guard.
"The GUARD Act makes one thing clear: When state and local leaders refuse to enforce federal immigration law, the President has the authority - and the responsibility - to act," said Harrigan.
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"Sanctuary policies have turned entire cities into safe havens for violent criminals, and now some governors are actively blocking National Guard deployments that protect American communities. What unfolded in Los Angeles isn't isolated. It's exactly why this bill is needed. Public safety cannot depend on whether a governor feels like obeying federal law."
In addition to capital punishment for killing an immigration officer, the bill mandates a minimum of five years in prison and 10 years if the assault causes bodily injury.
The proposed penalties mirror similar statutes that protect federal law enforcement officers but extend explicit coverage to immigration enforcement personnel.
