Legislators in Albany are considering a bill which would provide legal recourse from other states’ National Guard troops being deployed to New York State.
It would require the governor’s permission from any state sending its troops to New York. It is a response to President Donald Trump’s push to deploy the National Guard to cities he selects, insisting they are needed for crime reduction, to quell political dissent or help ICE agents as they arrest people.
Sen. Andrew Gounardes, D-Sunset Park, the bill’s sponsor, said this addresses the issue of some states allowing their National Guard forces to be used for the President’s agenda.
“If a Republican state sends their troops and invades New York at the President’s request, we would have recourse in our own state courts to bring suit against that state to stop them,” Gounardes explained.
Republican governors in 26 states have said they will send troops wherever President Trump wants them but the bill would not stop federalized National Guard troops, since they would be under the command of the President. States could sue under the federal Posse Comitatus Act, which prohibits using federal armed forces for traditional, nonmilitary law enforcement.
Gounardes pointed out feedback on the bill has been positive among state lawmakers and New Yorkers. Though the 10th Amendment of the U.S. Constitution guarantees state sovereignty, he is among lawmakers in several states who feel further protections are necessary given the aggressive nature of Trump’s deployment actions.
Gounardes noted proactively deploying New York’s own National Guard is another way to defend the state’s rights.
“There are lots of needs in this state, and lots of things we need to get working on now that the federal government pulled back tons of money, tons of resources, and support from projects across the state, in red and blue parts of the state,” Gounardes asserted. “Why don’t we deploy our own National Guard to show what a smart, thoughtful deployment of our own state resources could look like?”
The bill is now in the Senate Rules Committee.
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