DEPORTATIONSBlue States Fear Invasion by Red-State National Guard Troops for Deportations
There’s an emerging blue-state nightmare: Inspired by President Donald Trump’s call to round up immigrants who are in the country illegally, Republican governors would send their National Guard troops into Democratic-led states without those leaders’ permission.
There’s an emerging blue-state nightmare: Inspired by President Donald Trump’s call to round up immigrants who are in the country illegally, Republican governors would send their National Guard troops into Democratic-led states without those leaders’ permission.
It’s a scenario that was so concerning to Washington state Rep. Sharlett Mena that she introduced legislation that would make uninvited deployments of out-of-state troops illegal. Her bill cleared a committee last week and has the backing of Democratic Gov. Bob Ferguson, who pushed for the proposal in his inaugural address last month.
The legislation is about maintaining the state’s autonomy and authority, Mena, a Democrat, told her colleagues during last week’s hearing. “Without this bill, there’s nothing on the books to prevent this.”
Later, she added, “Other states may take matters into their own hands when they want to enforce federal laws.”
In December, 26 Republican governors — all but Vermont Gov. Phil Scott — vowed to assist Trump with deportations of immigrants “who pose a threat to our communities and national security.” Their pledge included the use of National Guard troops.
Mena has reason to be concerned, said Joseph Nunn, a counsel in the Liberty and National Security Program at the Brennan Center for Justice, a left-leaning New York-based pro-democracy institute.
“The Trump administration has made it quite clear that they intend to use the military to assist with immigration enforcement,” he said. “States who are opposed to that would be wise to take what measures they can to protect themselves and their states.”
This week, Texas signed an agreement with the Trump administration giving the state’s National Guard troops law enforcement powers to arrest and help detain migrants. Republican Gov. Greg Abbott’s four-year Operation Lone Star program has until now used the National Guard only for surveillance and logistical support for federal agents.
Other states opposed to Trump’s deportation program could be inspired by Washington’s legislation and introduce similar measures in the months ahead, Nunn said. And Mena pointed out that Idaho, Kansas, Montana, North Dakota, Oklahoma, Rhode Island, South Carolina and Texas have laws that prevent other states’ National Guard troops from entering without permission.
But, as she noted to her colleagues last week, if Trump were to federalize National Guard units, there’s nothing the state could do to prevent it; a presidential order preempts state authority.
Republican state Rep. Jim Walsh dismisses Mena’s concerns.