National Guard Proper Use Act
H.R. 5604119th Congress

National Guard Proper Use Act

Introduced in the HouseRep. Andrea Salinas (D-OR-6)5 sections · 1 min read
Version: Introduced in House · Sep 26, 2025

Section 1. Short title

This Act may be cited as the National Guard Proper Use Act.

(a) Title 10

Chapter 49 of title 10, United States Code, is amended by inserting after section 974 the following new section:

Section 975. Prohibition on enforcement of immigration laws

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)).

(b) Title 32

Chapter 3 of title 32, United States Code, is amended by inserting after section 329 the following new section:

Section 330. Prohibition on enforcement of immigration laws

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)).

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