I 
119TH CONGRESS 
1ST SESSION H. R. 4080 
To amend title 18, United States Code, to authorize the use of National 
Guard forces for immigration enforcement purposes, to establish criminal 
penalties for assaulting immigration enforcement officers, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2025 
Mr. HARRIGAN introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to authorize the 
use of National Guard forces for immigration enforce-
ment purposes, to establish criminal penalties for assault-
ing immigration enforcement officers, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guarding U.S. Author-
ity for Removal and Detention Act’’ or the ‘‘GUARD 
Act’’. 
VerDate Sep 11 2014 
23:52 Jun 28, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. AMENDMENT TO THE POSSE COMITATUS ACT. 
Section 1385 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘Whoever’’ and inserting ‘‘(a) 
Whoever’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 
the use of members of the National Guard— 
‘‘(1) performing State duty under orders issued 
by the Governor of such State; or 
‘‘(2) performing duty under title 10 or 32, if 
such members are used exclusively for— 
‘‘(A) the enforcement of the immigration 
laws (as such term is defined in section 101 of 
the Immigration and Nationality Act (8 
U.S.C.1101)), including the apprehension or de-
tention of aliens unlawfully present in the 
United States, and the execution of orders of 
removal issued under the immigration laws; or 
‘‘(B) border security operations.’’. 
SEC. 3. ASSAULTING IMMIGRATION ENFORCEMENT PER-
SONNEL. 
(a) ASSAULT ON FEDERAL IMMIGRATION OFFICERS 
OR STATE LAW ENFORCEMENT ASSISTING IMMIGRATION 
VerDate Sep 11 2014 
23:52 Jun 28, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
kjohnson on DSK7ZCZBW3PROD with $$_JOB
OPERATIONS.—Chapter 7 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 119A. Assault on immigration enforcement officers 
‘‘(a) Whoever knowingly assaults, resists, opposes, 
impedes, intimidates, or interferes with— 
‘‘(1) any officer or employee of U.S. Immigra-
tion and Customs Enforcement, U.S. Customs and 
Border Protection, or any other Federal immigration 
enforcement agency; or 
‘‘(2) any State or local law enforcement officer 
acting under Federal authority or in active assist-
ance of Federal immigration enforcement operations 
in the performance of their official duties, or on ac-
count of the performance of such duties, 
shall be fined under this title and imprisoned not less than 
5 years and not more than 20 years. 
‘‘(b) If bodily injury results from the acts committed 
in violation of subsection (a), the term of imprisonment 
shall be not less than 10 years and not more than 30 
years. 
‘‘(c) If death results from the acts committed in viola-
tion of subsection (a), the offender shall be subject to im-
prisonment for life or the death penalty.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 7 of title 18, United States Code, is amended 
VerDate Sep 11 2014 
23:52 Jun 28, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
kjohnson on DSK7ZCZBW3PROD with $$_JOB
by inserting after the item relating to section 119 the fol-
lowing: 
‘‘119A. Assault on immigration enforcement officers.’’. 
Æ 
VerDate Sep 11 2014 
23:52 Jun 28, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4080.IH
H4080
kjohnson on DSK7ZCZBW3PROD with $$_JOB