HR 5604
National Guard Proper Use Act
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- Passed House
- Passed Senate
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- Became Law
Bill overview
This bill, the National Guard Proper Use Act, aims to prevent the U.S. military and the National Guard from being used to enforce immigration laws. It specifically prohibits members of the Armed Forces and the National Guard from being ordered to perform duties that support the enforcement of immigration laws. The bill does this by referencing the Posse Comitatus Act, which generally restricts the military's involvement in domestic law enforcement. This legislation seeks to maintain the separation of military and civilian law enforcement functions.
Key provisions
- Prohibits Armed Forces members from enforcing immigration laws.
- Prohibits National Guard members from enforcing immigration laws.
- The prohibitions are based on the Posse Comitatus Act.
- Amendments are made to Titles 10 and 32 of the United States Code.
Who is affected
- Members of the Armed Forces
- Members of the National Guard
- Federal Government Agencies involved in immigration enforcement
Notable changes
- Clarifies the limitations on military and National Guard involvement in immigration enforcement.
- Reinforces the Posse Comitatus Act's restrictions on military domestic law enforcement.
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119th CONGRESS — 1st Session
H. R. 5604
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend titles 10 and 32, United States Code, to prohibit the use of a member of the Armed Forces to enforce the immigration laws.
This Act may be cited as the National Guard Proper Use Act
.
In accordance with section 1385 of title 18 (commonly referred to as the Posse Comitatus Act
), a member of the Armed Forces may not be ordered to perform duty under this title to enforce, or to support 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)).
In accordance with section 1385 of title 18 (commonly referred to as the Posse Comitatus Act
), a member of the National Guard may not be ordered to perform duty under this title to enforce, or to support 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)).