Guarding U.S. Authority for Removal and Detention Act; GUARD Act
Summary
The GUARD Act amends Title 18 of the United States Code to authorize the use of National Guard forces for immigration enforcement. It also establishes criminal penalties for assaulting immigration enforcement officers. The bill seeks to expand the role of the National Guard in immigration-related activities and increase protections for immigration enforcement personnel.
Expected Effects
If enacted, the GUARD Act would allow National Guard members, under certain conditions, to assist in the apprehension, detention, and removal of undocumented immigrants. It would also create new federal crimes and penalties for assaulting immigration officers. This could lead to increased immigration enforcement and potentially deter assaults on federal and state immigration personnel.
Potential Benefits
- Increased border security through National Guard support.
- Enhanced protection for immigration enforcement officers via stricter penalties for assault.
- More effective enforcement of immigration laws, potentially reducing illegal immigration.
- Greater support for federal immigration agencies from state resources.
- Potential reduction in crime due to increased law enforcement presence.
Most Benefited Areas:
Potential Disadvantages
- Potential overreach of federal power into state affairs.
- Risk of militarization of immigration enforcement.
- Possible strain on National Guard resources and readiness for other emergencies.
- Concerns about civil liberties and due process for immigrants.
- Increased costs associated with deploying the National Guard and prosecuting new crimes.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is complex. The expansion of the National Guard's role raises questions under the Posse Comitatus Act, though the bill attempts to address this with specific exceptions. The creation of new federal crimes falls under Congress's power to regulate immigration and enforce laws, as outlined in Article I, Section 8. However, potential impacts on individual liberties and due process could raise concerns under the Fifth and Fourteenth Amendments.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).