Bill allows National Guard to enforce immigration law, criminalizes resistance with up to 30 years.
H.R. 4080 — GUARD Act · Filed by Pat Harrigan (R-NC) · Introduced Jun 23, 2025 · Referred to committee
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What it does
This bill amends federal law to allow National Guard troops to enforce immigration laws and conduct border security operations under federal or state orders, and creates new federal crimes for assaulting immigration enforcement officers or state/local police assisting immigration operations, with sentences ranging from 5–20 years (or 10–30 years if bodily injury results, or life/death penalty if death results).
Why we flagged it
The bill's core mechanism is a carve-out from the Posse Comitatus Act permitting National Guard use in immigration enforcement, paired with severe new criminal penalties for interference. This is a structural shift in domestic military authority and criminal liability, not a routine amendment.
What the text implies
- National Guard deployment for immigration enforcement may occur under state gubernatorial orders alone (subsection (b)(1)), potentially enabling state-level military action in immigration matters without explicit federal authorization or oversight.
- The assault statute (§ 119A) criminalizes 'interference' with immigration enforcement at 5–30 years, a term broader than 'assault' and potentially capturing non-violent obstruction, protest, or legal advocacy.
- State and local law enforcement assisting federal immigration operations gain federal criminal authority and federal penalty enhancement (5–30 years for assault), creating incentive for local police to participate in immigration enforcement and federal prosecution.
- The death penalty provision (subsection (c)) applies to deaths 'resulting from' assault on immigration officers, potentially capturing deaths during enforcement actions where causation is contested.
- No explicit requirement that National Guard deployment comply with state constitutional law, civil rights protections, or judicial oversight before deployment.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill expands military deployment in domestic law enforcement (a historic constitutional restraint), creates severe new criminal penalties (5–30 years, life, or death) for conduct that may include non-violent resistance or interference, and deputizes state/local police into federal immigration enforcement without clear procedural safeguards. Citizens face heightened criminal exposure and reduced civilian control over military deployment.
Named in the bill
National Guard, U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), State governors, State and local law enforcement, 18 U.S.C. § 1385 (Posse Comitatus Act), Immigration and Nationality Act (INA)
Where it stands
- Jun 23, 2025 — Introduced · Congress.gov: “Introduced in House”
- Jun 23, 2025 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (2,340 characters) on Nov 2, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,927 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-11-02.
“Bill allows National Guard to enforce immigration law, criminalizes resistance with up to 30 years.” QuorumCivic. https://share.quorumcivic.app/bill/119/hr4080 Report an error
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