FOR IMMEDIATE RELEASE: OCTOBER 20, 2025

New York, NY — New York State Senator Andrew Gounardes introduced new legislation today that would proactively require other states to obtain permission from New York’s Governor before deploying their National Guard troops in the state.

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. 

In recent months, Trump has proposed using so-called “dangerous” Democrat-led cities as “training grounds" for the military, describing these cities and their residents “the enemy within” while insisting he should be allowed to use armed forces for domestic civilian law enforcement. 

President Trump has already invoked his authority to federalize the National Guard, placing the California Guard directly under his control. While states can’t legislatively ban the President from taking this action, they can sue under the federal Posse Comitatus Act, which bars use of federal armed forces for traditional, non-military law enforcement. California used this approach to win an early legal victory when President Trump deployed National Guard troops to Los Angeles to crush lawful civilian protests this summer.

But Trump could sidestep these protections by convincing a Republican state to deploy its National Guard over state lines into a blue state, circumventing the need to federalize troops at all. In fact, 26 Republican governors have already publicly committed to using National Guard troops to implement ICE’s agenda, and several states have sent National Guard troops to Washington, DC.

While this type of nonconsensual invasion arguably violates the state sovereignty doctrine of the Tenth Amendment, this question has yet to be tested in court, which is why several other states have taken action to explicitly prohibit it in their own state laws and constitutions. 

Sen. Gounardes' bill would follow their lead by establishing a clear statutory requirement that other states obtain affirmative, advance consent from New York’s governor before deploying National Guard troops into New York, protecting residents while reaffirming the governor’s constitutional role as commander-in-chief of state military forces. If another state violates this law, the New York Attorney General would have grounds to sue for preliminary injunction and other equitable relief. 

“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,” said State Senator Andrew Gounardes. “Ultimately though, my proposal is about much more than Trump—it’s a commonsense way to ensure public safety, prevent interstate conflict, and safeguard our civil liberties in an era of growing autocracy and political violence.”

"New Yorkers don't need out-of-state troops telling us how to run our cities," said Susan Lerner, executive director of Common Cause New York. "Our National Guard should serve the people, not President Trump's political agenda.  We look forward to working with Senator 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 people of New York will not be intimidated by Trump's threats to deploy the National Guard in our city. These threats are a direct attack on our democracy,” said Jasmine Gripper, Co-Director of the New York Working Families Party. “We applaud Senator Gounardes and others for proposing this essential bill to help protect our communities and ensure that New York remains a place where every single person can live, work, and organize without fear. The New York Working Families Party stands firmly behind this effort to protect New Yorkers from out-of-state military deployment."

“Extremism is not a distant threat, it is an urgent and immediate danger to New Yorkers’ lives, rights, and dignity,” said Rebecca Garrard and Carolyn Martinez-Class, Co-Executive Directors at Citizen Action of New York. “No governor or president should ever be allowed to turn the military on civilians to advance a political agenda, and we refuse to sit idle while the national guard is weaponized to dismantle our democracy. Senator Gounardes’ bill sends a clear message that in New York we will not tolerate authoritarianism, and we will protect our communities at every turn.”

“New Yorkers want more investments in affordable housing, schools, hospitals, and public services. We do not want a hostile administration using our communities as the next ‘training grounds’ for MAGA's violent attacks on us and our values,” said Adam Ring, Coordinator at Indivisible Brooklyn. “Requiring our governor's consent before another state can deploy its National Guard troops into New York is a commonsense way to make sure that outside militias are never used against us for political ends. We call on our elected leaders in Albany to take immediate action to pass this bill and protect New Yorkers from an unwelcome military occupation.”

“The National Guard are meant to be the helpers we count on during emergencies and natural disasters, not the enforcers of an authoritarian regime looking to terrorize immigrants and stifle non-violent protest and dissent. The uninvited deployment to New York of another state’s National Guard would be a profoundly intrusive and destabilizing act that would threaten the comity between states. The PSC/CUNY, the union representing 30,000 academic workers of the City University of New York, stands with Senator Gounardes and supports his bill to require other states to obtain the express permission of the Governor before deploying their National Guard troops into New York. We urge the Legislature and Governor Hochul to enact it quickly to help protect the sovereignty of our state,” said James Davis, President of the Professional Staff Congress/CUNY.

“Working people know what it looks like when power is abused and when those in power use fear and force to divide us. New Yorkers have the right to feel safe in their own communities, free from intimidation and political stunts. Senator Gounardes’ bill is a vital step toward protecting that safety and reaffirming the principle that our military serves the people - not partisan agendas," said Dennis G. Trainor, Vice President, CWA District 1.

“Donald Trump’s threats to deploy out-of-state National Guard troops into New York is an attack on democratic and civil society. Working people, immigrants, and communities of color have long borne the brunt of such power grabs,” said Manny Pastreich, President, 32BJ SEIU. “32BJ SEIU stands shoulder to shoulder with New Yorkers to say that no governor from another state will decide what happens on our streets. This bill is about defending our democracy and making sure that decisions about New York are made by New Yorkers, not extremists looking to score political points. We’re proud to support this critical legislation.”

Press Contact:

Billy Richling

Communications Director

State Senator Andrew Gounardes

billy@senatorgounardes.nyc

###