Governors Urge Congress Not to Let US Military Move National Guardsmen Without Approval

Colorado Gov. Jared Polis speaks in Highlands Ranch, Colo., on May 8, 2019. Michael Ciaglo/Getty Images

Governors across the United States are urging Congress to stop the federal military from enabling the movement of National Guard troops to the U.S. Space Force without approval from governors.

U.S. House of Representatives members and U.S. senators recently released an agreement for the 2025 National Defense Authorization Act, which funds the military and contains numerous other provisions in its 1,813 pages. It totals some $883 billion in funding.

The agreed-upon text, which has not yet been voted on by Congress, allows the secretary of the U.S. Air Force to transfer National Guard personnel to the Space Force “without regard to section 104 of title 6, United States Code, or section 18238 of title 10, United States Code.”

The first law in question states in part that the president can designate National Guard units to be maintained by the states or territories but that “no change in the branch, organization, or allotment of a unit located entirely within a State may be made without the approval of its governor.”

The second law states in part that “A unit of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State.”

Removing the requirement for governor approval “is deeply concerning and breaks with more than a century of important precedent surrounding state’s rights—as well as a violation of federal law,” Colorado Gov. Jared Polis and Oklahoma Gov. Kevin Stitt, the chair and vice chair, respectively, of the National Governors Association, said in a statement on Dec. 9.

“It is crystal clear that National Guard units may not be moved without consultation and approval from Governors.”

Polis, a Democrat, and Stitt, a Republican, said that governors of all 50 states and five territories, as well as more than 100 members of Congress, oppose the proposed language.

“There is still time for Congress to do the right thing. We urge Congressional negotiators to uphold the law and preserve Governors’ National Guard authority,” the governors said.

If the language remains in the final version, the governors may take legal action. They are currently reviewing their legal options.

The House advanced the bill on Tuesday. Lawmakers in the lower chamber are slated to vote later Wednesday on whether to pass the measure to the Senate.