A Department of Homeland Security request for 21,000 National Guard troops to support “expansive interior immigration enforcement operations” includes a call for troops to search for unaccompanied children in some cases and transport them between states, three sources briefed on the plan tell NBC News.
Having National Guard troops perform such tasks, which are not explained in detail in the DHS request, has prompted concern among some military and law enforcement officials.
The tasks are laid out in a May 9th Request for Assistance from the Department of Homeland Security to the Pentagon. The document states that, “this represents the first formal request by U.S. Immigration and Customs Enforcement (ICE) for the deployment of National Guard personnel in support of interior immigration enforcement operations.”
The request calls for National Guard troops to be used for “Search and Rescue for UACs [Unaccompanied Alien Children] in remote or hostile terrain,” and “Intra- and inter-state transport of detainees/ unaccompanied alien children (UACs),” without clearly explaining what that would entail.
Most of the troops, about 10,000, would be used for transporting detained individuals, the DHS said. Roughly 2,500 troops would be used for detention support but the document does not specify where. Another 1,000 troops would be assigned to administrative support, such as processing undocumented immigrants.
The request also asks for up to 3,500 troops to “Attempt to Locate — Fugitives” and conduct “surveillance and canvassing missions,” as well as “night operations and rural interdictions.” It also asks for support for ICE in “joint task force operations for absconder/fugitive tracking,” according to the three sources familiar with the plans.
NPR first reported the details of the DHS request.
Concerns about use of troops
Democrats in Congress and military and law enforcement officials have expressed concern about the use of National Guard troops to perform what they say are civilian law enforcement duties.
One characterized the plan as the Trump administration “finding a way to get the National Guard into the streets and into American homes,” saying, “I fear it’s going to look like a police state.”
A second source said, “Trump has said he wants to use the National Guard for law enforcement, and the Pentagon and other entities have always said ‘oh don’t worry, it will never come to that.’ But this is it.”
Defense officials say the request has not been approved and is being evaluated by Pentagon policy officials, the General Counsel’s office, and other Pentagon leadership. The officials say the most likely course of action would be for some parts of the request to be approved and others rejected.
But one source briefed on the plans said that Secretary of Defense Peter Hegseth is close to approving some elements of the request and considering which state governors to approach first. “We are so much closer to this being real,” said the source, who spoke on condition of anonymity.
DHS is requesting the troops under Title 32 status which means they would remain on state active duty under the command of their governor but would be federally funded. Title 32 status generally allows National Guard troops to conduct law enforcement activities without violating the Posse Comitatus Act, an 1878 law that bars the use of federal troops in law enforcement operations.
A National Guard member who opposes troops performing such tasks told NBC News “I plan to leave the National Guard soon over this.”
