H.R. 4080: Guarding U.S. Authority for Removal and Detention Act

This bill, titled the Guarding U.S. Authority for Removal and Detention Act (GUARD Act), aims to amend existing laws regarding immigration enforcement and the use of National Guard forces. Below is a summary of the key provisions of the bill:

1. Use of National Guard for Immigration Enforcement

The bill proposes amendments to Section 1385 of Title 18 of the United States Code, commonly known as the Posse Comitatus Act. This act traditionally restricts the use of federal military personnel to enforce domestic laws. The amendment intends to allow members of the National Guard to be utilized for specific immigration enforcement duties under certain circumstances. These circumstances include:

• Performing state duty under orders from a state governor.
• Being deployed under Title 10 or Title 32 for purposes such as:
• Enforcing immigration laws, which includes the apprehension and detention of individuals unlawfully present in the U.S., and executing removal orders.
• Conducting border security operations.

2. Criminal Penalties for Assaulting Immigration Enforcement Officers

The bill establishes new criminal penalties for individuals who assault immigration enforcement personnel. Key features include:

• Assault on Federal Officers: The bill introduces a new section in Chapter 7 of Title 18 that stipulates severe penalties for those who knowingly assault, resist, oppose, impede, intimidate, or interfere with:
• Officers or employees of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP).
• State or local law enforcement officers assisting federal immigration enforcement.
• Penalties include:
• A minimum of 5 years and a maximum of 20 years in prison for assault.
• If bodily injury occurs, imprisonment increases to a minimum of 10 years and a maximum of 30 years.
• If the assault causes death, the offender can face life imprisonment or the death penalty.

3. Additional Provisions

To facilitate the understanding and enforcement of these new provisions, there are clerical amendments made to update the table of sections in Chapter 7 to include the newly defined section on assaulting immigration enforcement officers.

Relevant Companies

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