Can the National Guard Arrest Undocumented Immigrants?

 Posted on October 24, 2025 in Civil Litigation

In August 2025, the United States National Guard was deployed to Washington, D.C. under federal direction. Officials said the goal was to address rising crime in the Capital. Around the same time, ICE activity in D.C. neighborhoods became more visible. Officers started making arrests in areas such as Mount Pleasant and Petworth. These events drew national attention and caused concern among immigrant families about how enforcement actions might affect them.

The Guard’s authority is limited under federal law. If you have concerns about your immigration status or deportation, you need to know your rights and what to do if you are approached by law enforcement or military personnel. An Oakton, VA immigration attorney at Salvado Law Offices can help.

What Is the National Guard’s Role in Immigration Enforcement?

The National Guard is often called to help after natural disasters, large public events, or times of unrest. When they support immigration operations, their duties are mostly behind the scenes. They may move equipment, provide transportation, or help with paperwork.

The governor can call Guard members to duty even when they are helping federal agencies. This setup limits their authority. They are not trained law enforcement officers and cannot make arrests unless Congress or the President specifically gives them that power. Their job is to support, not replace, federal law enforcement.

Can National Guard Soldiers Make Immigration Arrests?

National Guard soldiers do not have the legal authority to arrest someone for an immigration violation. The Posse Comitatus Act is a federal law that stops the military from acting as police inside the United States. This law protects the public by keeping military and civilian roles separate.

Under 8 U.S.C. § 1357, immigration officers have the power to make arrests. This law allows trained ICE and Border Patrol agents to question and detain noncitizens, but only under specific circumstances. These agents have to be certified and follow strict procedures. National Guard members are not authorized or trained under this law. If they assist ICE, they can only offer support. This might include driving vehicles, providing security, or helping in offices. They cannot conduct raids or detain individuals on their own.

What Rights Do Immigrants Have if the National Guard Is Involved in an ICE Operation?

Even if the National Guard is present during an immigration operation, your basic rights remain the same. Everyone in the United States, regardless of immigration status, has constitutional protections. Some key rights everyone should know include:

• The right to remain silent: You do not have to answer questions about your immigration status, birthplace, or how you entered the country.

• The right to an attorney: You can speak with a lawyer before you talk to immigration officers or sign anything.

• The right to see a judicial warrant: Warrants signed only by ICE officials do not permit entry into your home.

• The right to refuse to sign documents: You are not required to sign a document you do not understand.

• The right to contact your lawyer or family: If you are detained, you have the right to call your attorney or a trusted family member as soon as possible.

Contact a Tysons, VA Immigration Attorney Today

The National Guard does not have the power to arrest undocumented immigrants. Regardless, their presence can still cause fear and uncertainty. Knowing your rights is the first step, but if you have concerns, you should seek legal advice. At Salvado Law Offices, we are dedicated to handling each case with care, attention, and determination.

Attorney Carlos Salvado is a strong voice for the Hispanic community. As a frequent guest on Agendo Radio, he discusses issues that affect Latin Americans and immigrants across the country. If you are concerned about immigration enforcement or your legal status, contact our Oakton, VA immigration lawyers today at 703-379-9446 for compassionate representation you can trust. Se habla Español.