Stop Militarization of Domestic Law Enforcement, Roll Back Executive Overreach

I write with urgent concern regarding President Trump’s current efforts to enlist military resources for immigration enforcement. This represents a troubling expansion of executive power that threatens settled constitutional limits on the use of the armed forces. As of August 28, 2025, the Trump administration has requested logistical support from DHS for operations based in the Chicago area, potentially presaging a National Guard deployment despite the lack of any state request or declared emergency. Illinois Governor J.B. Pritzker and city leaders have strongly denounced the move, with Pritzker calling it “un‑American” and constitutionally dubious. This raises serious legal red flags. Under the Posse Comitatus Act of 1878, the use of federal military to enforce civilian law is strictly prohibited, with few exceptions. Although the Insurrection Act can authorize domestic deployments, it requires that civil authorities be unable to enforce the laws—criteria clearly not met in Chicago, where crime has declined significantly in 2025. Deploying Guard units against the will of state officials presents grave federalism concerns, contradicting the anti‑commandeering principle affirmed in Printz v. United States and New York v. United States. These cases stress that the federal government cannot coerce or bypass state authority in enforcing federal law. There is growing concern that these actions are not genuinely about public safety but are deployed in opposition-led ("blue") cities for political gains—heightening fears of authoritarian overreach. Here are steps Congress must urgently take: Introduce legislation to curb misuse of the Insurrection Act, including requiring advance congressional authorization, limiting deployments to clearly defined emergencies, and instituting strict time limits—reflecting reforms like the CIVIL Act proposals. Reaffirm and enhance the Posse Comitatus Act: update it to close loopholes and clearly prohibit direct military involvement in civilian law enforcement, without explicit statutory exceptions. Hold oversight hearings to examine both past and current attempts to deploy federal military power within the United States, evaluate their legal foundation, and assess threats to civil liberties, federalism, and democratic norms. Enact safeguards against politically motivated military usage: legislate that troops cannot be deployed to override state authority or undermine electoral adversaries. Our democracy rests on a system of checks and balances, including clear separation between civilian law enforcement and the military. Using federal troops to intimidate or dominate cities governed by political opponents risks weaponizing our armed forces for partisan ends—and eroding trust in foundational institutions. I respectfully urge you to act swiftly and decisively to prevent the normalization of military involvement in domestic affairs that aren't emergencies without clear congressional authorization.