GUARD Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4080 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4080

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.


_______________________________________________________________________


                    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.''.
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