On Friday, Rep. Andrea Salinas (D-Ore.) introduced the National Guard Proper Use Act, legislation which
Although the Posse Comitatus Act of 1878 already prevents the use of the military as a national police force, the new act would amend the United States Code to reinforce that the National Guard may not be ordered to support the enforcement of federal immigration laws while on federal pay or under federal authority.
Ultimately, this would be an effort to uphold the long-standing legal tradition of separating national military forces from civilian policing.
“The National Guard should not be used as a political tool for the White House or for ICE to enforce this Administration’s inhumane and harmful immigration policies,” Rep. Salinas said. “While existing law already restricts the President’s ability to deploy the National Guard for immigration and domestic law enforcement, this Administration has shown no respect for the rule of law. My legislation reinforces this legal precedent and would help reign-in an out-of-control President. Members of the National Guard are trained to protect our homeland and respond in times of crisis, not to target hardworking immigrants who contribute to our communities.”
Rep. Salinas has previously brought forth similar amendments for the House Defense Appropriations bill and the National Defense Authorization Act. Salinas’ office said the House refused to consider them.
The current legislation has garnered support from members of organizations such as the National Immigration Law Center, as well as the American Civil Liberties Union.
“A foundational principle of this country is that the military should not police us,” said Naureen Shah, Director of Government Affairs for the ACLU’s Equality Division. “That long-standing legal tradition applies to our immigrant neighbors and loved ones too – our military should not be carrying out deportations. This legislation reinforces that our troops shouldn’t be forced to carry out ICE’s reckless agenda, and we implore Congress to stop this dangerous redeployment of our military.”
Rep. Salinas introduced the bill on the House floor alongside Rep. Jill Tokuda (D-Hawaii).
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