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To amend title 18, United States Code, to authorize the use of National Guard forces for immigration enforcement purposes, to establish criminal penalties for assaulting immigration enforcement officers, and for other purposes.
Summary
This bill amends the Posse Comitatus Act to authorize the use of National Guard forces for immigration enforcement and border security operations under certain conditions. The bill allows National Guard members to be used for immigration law enforcement when performing state duty under the Governor's orders or federal duty specifically for immigration enforcement or border security. The bill establishes new federal criminal penalties for assaulting immigration enforcement officers or state and local law enforcement officers assisting in immigration operations. Assault carries penalties of 5 to 20 years imprisonment; assault resulting in bodily injury carries 10 to 30 years; and assault resulting in death carries life imprisonment or the death penalty.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Harrigan, Pat [R-NC-10] (R-NC)
Actions (2)
- Jun 23, 2025 Referred to the House Committee on the Judiciary. · house
- Jun 23, 2025 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (1)
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Full text
IN THE HOUSE OF REPRESENTATIVES
June 23, 2025
Mr. Harrigan introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to authorize the use of National Guard forces for immigration enforcement purposes, to establish criminal penalties for assaulting immigration enforcement officers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Guarding U.S. Authority for Removal and Detention Act” or the “GUARD Act”.
SEC. 2. AMENDMENT TO THE POSSE COMITATUS ACT.
Section 1385 of title 18, United States Code, is amended—
(1) by striking “Whoever” and inserting “(a) Whoever”; and
(2) by adding at the end the following new subsection:
“(b) Exceptions.—Subsection (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.”.
SEC. 3. ASSAULTING IMMIGRATION ENFORCEMENT PERSONNEL.
(a) Assault on Federal Immigration Officers or State Law Enforcement Assisting Immigration Operations.—Chapter 7 of title 18, United States Code, is amended by adding at the end the following: “Sec. 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.”.
(b) Clerical Amendment.—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.”. <all>
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