Hochul Backs New York Democrats Bill to Block Outside National Guard

Niagara Action
4 days ago
3 min read

New York Democrats are advancing legislation that would bar National Guard troops from other states from entering New York without the governor’s explicit approval, a move critics say undermines national security and creates a dangerous precedent.

The measure, sponsored by state Sen. Andrew Gounardes, was introduced Monday and aims to reaffirm that only the sitting New York governor may authorize the presence of out-of-state Guard units. The proposal comes in response to announcements from Republican governors sending their own troops to Washington, D.C., in support of President Donald Trump’s tough-on-crime and immigration policies. If enacted, the legislation would also empower the state attorney general to pursue an injunction in court.

“It’s deeply sad that we need to take steps to protect New Yorkers from a potential military invasion by fellow Americans, but this is the dark place Trump has brought us to,” Gounardes argued.

Although the bill attempts to insulate New York from outside deployments, it notably does not restrict the constitutional authority of the U.S. president to mobilize Guard units into New York. Trump has signaled he would be prepared to do so in New York City, as he threatened previously in Chicago and Portland.

The push from Democrats follows similar laws passed in states like Washington restricting National Guard access across borders. Proponents of the legislation frame it as a necessary protection of state sovereignty and a reinforcement of the 10th Amendment. They have also invoked the Posse Comitatus Act, which prohibits the use of federal military forces for routine law enforcement, citing California’s recent legal victory when Trump deployed troops to Los Angeles.

Supporters also lean heavily on rhetoric suggesting Trump is attempting to misuse National Guard troops for political purposes.

“New Yorkers don’t need out-of-state troops telling us how to run our cities,” said Susan Lerner, head of Common Cause New York. “Our National Guard should serve the people, not President Trump’s political agenda. We look forward to working with Sen. Gounardes to pass this bill and send a clear message to any state that thinks it can send troops into our communities without our consent — get outta here.”

The bill’s defenders insist the Guard’s mission belongs under governors’ authority, not Washington’s, despite the fact that the Guard has long been mobilized during national crises ranging from 9/11 to the coronavirus pandemic.

Governor Kathy Hochul, who has been outspoken against using the National Guard in contexts that align with Trump’s immigration crackdown, will support Gounardes’ effort. But critics highlight her inconsistency as less than a year ago Hochul herself deployed 750 National Guard troops into the New York City subway system, later increasing the number by 250, claiming they made riders feel safer.

“It’s clear to me, as I’ve heard from many people, that the presence of the National Guard has made not just a physical difference, but a psychological difference in how they feel about safety,” Hochul insisted at the time. “When people see a person in uniform, NYPD, MTA Transit, even our National Guard, they feel more secure.”

That double standard – welcoming the Guard into New York City transit hubs to check bags and patrol platforms, while simultaneously pushing legislation to keep out other states’ Guard units – is fueling criticism that the governor is more interested in political posturing.

Meanwhile, federal courts are already weighing in on similar disputes. A 9th Circuit Court of Appeals panel this week upheld the Trump administration’s deployment of Guard troops into Portland, ruling 2-1 that the president’s authority had been lawfully exercised in response to protesters who damaged a federal building and threatened ICE officers.

“After considering the record at this preliminary stage, we conclude that it is likely that the president lawfully exercised his statutory authority,” the panel wrote.

The case underscores the legal weakness of New York’s position, but Hochul and her allies continue to advance the bill anyway.