A bill that would give the governor authority to limit other states’ National Guard troops from deploying in Washington, unless they are mobilized by the president, passed the state House on Monday.
House Bill 1321, sponsored by Rep. Sharlett Mena, D-Tacoma, is intended to protect immigrant communities in the state. It follows a statement released by Republican governors from across the country offering National Guard support for President Donald Trump’s hardline immigration policies.
The bill would prevent other states from sending their National Guard troops into Washington to enforce federal laws. Its backers say the bill would not undermine military readiness or disaster response.
House Democrats approved the bill on a 58-37 party-line vote. Democrats say the bill protects the state’s sovereignty and autonomy.
“Without this bill, there is nothing to prevent other states from sending their National Guards here to carry out their own agendas,” Mena said. “I, for one, do not want an outside armed force in our state enforcing policies that may not be consistent with what we have.”
Republicans raised concerns that the bill could be misused by future governors and took issue with an emergency clause that will allow the restrictions to take effect immediately. They also questioned the need for the legislation.
“Not a bad bill, but kind of pointless bill,” said Rep. Jim Walsh, R-Aberdeen.
Gov. Bob Ferguson highlighted Mena’s bill during his inaugural address in January as an example of legislation he would support this year.
The National Guard is a state-based military force when not activated for federal service and is under the command of the state governor and the president of the United States. Some states also have State Guards which are under state control.
States like Idaho, North Dakota, Oklahoma, Maine and Indiana have laws in place that are similar to the Washington bill.
Republican lawmakers introduced six amendments. None were adopted.
These amendments would have allowed for the National Guard from other states to come into Washington without the governor’s permission for certain reasons, such as combatting drug trafficking across state lines, or providing disaster or emergency assistance. They also would have also removed the bill’s emergency clause.
Walsh proposed an amendment that would’ve rewritten the bill to, among other things, require a Congressional declaration of war before a governor releases the National Guard for an overseas combat deployment.
He argued that his amendment would prevent the state’s National Guard units from being deployed in ways inconsistent with federal or state priorities.
Mena said the amendment would’ve altered the underlying bill completely and that it had other “major defects.”
Democrats say they’ve consulted with the state’s Military Department, the Office of the Attorney General, the Washington State Narcotics Investigators Association and other groups to ensure the bill doesn’t have unintended consequences.
“We find it important, as do the AG’s office and the Military Department, to keep the language in this legislation as simple and broad as we can,” said Rep. Darya Farivar, D-Seattle.
The bill now awaits action in the Senate.
