Governor’s support required before deploying National Guard in NY

STATEWIDE — A NEW BILL THAT STATE SEN. ANDREW GOUNARDES, D-26, HAS INTRODUCED WOULD proactively require other states to obtain permission of the New York governor before deploying their National Guard troops here. 

The proposal comes in the wake of President Trump’s escalating threats to use state National Guards against states that he views as uncooperative with his mass deportation agenda. Though states could sue via the federal Posse Comitatus Act of 1878, which bars use of federal armed forces for traditional, non-military law enforcement, loopholes in that law allow a president to circumvent the need to federalize the troops by convincing a Republican state to deploy its National Guard over state lines into a blue state, even if it means violating the 10th Amendment protecting state sovereignty.

Gounardes’s bill follows the lead of similar blue states’ legislation. It establishes a clear statutory requirement that other states obtain affirmative, advance consent from New York’s governor before deploying National Guard troops into New York. The bill would protect residents and affirm the governor’s constitutional role as commander-in-chief of state military forces.

The New York Attorney General would have grounds to sue any other state violating this law for preliminary injunction and other equitable relief.

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