National Guard Proper Use Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5604 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5604

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.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2025

Ms. Salinas (for herself and Ms. Tokuda) introduced the following bill; 
         which was referred to the Committee on Armed Services

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                                 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.

    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 ``National Guard Proper Use Act''.

SEC. 2. PROHIBITION ON ENFORCEMENT OF IMMIGRATION LAWS BY MEMBERS OF 
              THE ARMED FORCES.

    (a) Title 10.--Chapter 49 of title 10, United States Code, is 
amended by inserting after section 974 the following new section:
``Sec. 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:
``Sec. 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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