DHS Memo Explores Using National Guard for Immigration Enforcement

The Department of Homeland Security authored an April 2025 memo exploring a legal mechanism to utilize National Guard troops for immigration enforcement. The document, obtained by the watchdog group American Oversight, suggests that Guard members deployed across state lines become federal employees who can be designated as immigration officers under Section 1103(a)(6) of U.S. immigration law.

The administration argues this designation allows the military to perform these duties without violating the Posse Comitatus Act, which generally prohibits the military from conducting civilian law enforcement within the United States. While National Guard troops have previously provided security for Immigration and Customs Enforcement operations, there is no public evidence they have yet conducted arrests under the specific authority described in the memo.

Legal experts from the Brennan Center for Justice and American Oversight have criticized the theory as an unprecedented expansion of military power. Critics argue the rationale lacks court support and could potentially be used to place military forces near polling places under the guise of immigration enforcement.