The Trump administration is once again escalating its immigration enforcement agenda, this time by seeking to enlist more than 20,000 National Guard members to support mass deportations. According to senior U.S. officials, the Department of Homeland Security (DHS) has formally requested this unprecedented deployment from the Department of Defense, raising fundamental legal, ethical, and constitutional concerns.
While National Guard troops have historically assisted with border logistics and surveillance, the proposed involvement in interior immigration enforcement represents an extraordinary and deeply troubling expansion of their role. If approved, this would mark the first time in modern U.S. history that National Guard personnel would be used not just at the border, but within communities across the country to support immigration raids and potential removals.
At Saluja Law, we are gravely concerned by the administration's apparent willingness to blur the lines between military support and civil immigration enforcement. The Posse Comitatus Act, a bedrock principle of American constitutional law, restricts the use of federal military forces in domestic law enforcement. While the National Guard can operate under state authority in certain circumstances, deploying them in this fashion could violate both the letter and the spirit of this law—especially if they are used to round up or detain individuals for immigration violations.
Adding to the complexity is the administration's simultaneous mobilization of federal law enforcement agencies. Reports indicate that agents from the ATF, DEA, and U.S. Marshals Service are being redirected to support Immigration and Customs Enforcement (ICE) in arrest operations. This mass reallocation of resources underscores the administration's intent to scale up arrests and deportations, even if it means diverting personnel from their core missions of combating violent crime and drug trafficking.
Local law enforcement agencies are also being enlisted. Through controversial agreements under Section 287(g) of the Immigration and Nationality Act, DHS has signed memorandums of understanding with police departments across the country. These agreements authorize local officers to perform federal immigration functions—often without the training or oversight required to ensure constitutional compliance.
The human cost of this strategy cannot be overstated. Families are being separated, communities are living in fear, and due process is increasingly being sacrificed in the name of enforcement. The notion that law enforcement and military-style tactics should be used to achieve immigration objectives raises serious constitutional questions and threatens the rights of citizens and non-citizens alike.
As DHS spokesperson Tricia McLaughlin put it, the department is prepared to “use every tool and resource available” to enforce the president's mandate. But a democracy governed by law must draw lines—especially when those “tools” threaten civil liberties and bypass traditional checks and balances.
At Saluja Law, we believe immigration enforcement must be carried out in a manner that respects constitutional protections, preserves the integrity of our legal system, and upholds America's longstanding values of fairness and due process. The deployment of National Guard troops to assist in mass deportations risks undermining all three.
If you or a loved one is impacted by these developments, we urge you to seek legal counsel immediately. Our team stands ready to defend your rights, advocate for due process, and ensure your voice is heard.
Contact Saluja Law