Section 1 Short title
This Act may be cited as the “National Guard Proper Use Act”.
National Guard Proper Use Act
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.
Sec. 2 Prohibition on enforcement of immigration laws by members of the Armed Forces
Title 10— Chapter 49 of title 10, United States Code, is amended by inserting after section 974 the following new 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)).”
Title 32— Chapter 3 of title 32, United States Code, is amended by inserting after section 329 the following new 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)).”