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Wa legislators consider restrictions on outside state militias
Washington lawmakers are considering banning outside National Guard troops from entering the state without the governor’s approval.
OLYMPIA, Wash. - Lawmakers are considering banning outside National Guard troops from entering the state without the governor’s approval. Proponents said the protections are needed as the new Trump administration brings uncertainty with dramatic changes in federal policies.
House Bill 1321 would require any armed military force from a state, territory or Washington D.C. to get written permission from the governor before they could enter the state — or have federal authority to be there. A proposed substitute of the bill removes language around how the offending force would need to cease activity and leave.
What they're saying:
State Rep. Sharlett Mena (D-Tacoma) testified Wednesday afternoon the bill would not impact the ability for other states to help during emergencies, or the readiness and training of Washington’s military.
The representative pointed to states like Idaho, Maine and Oklahoma who have similar laws, saying it is a necessary protection to make sure "Washington retains its autonomy over policy and decisions, without interference from other states."
"This bill is about preventing other states from sending their own militias into Washington for the purposes of enforcing federal laws or taking matters into their own hands," Mena said. "Without this bill, there’s nothing on the books to prevent this."
Republicans on the House State Government and Tribal Relations Committee questioned what situations National Guard troops would come into Washington without being federalized.
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House State Government and Tribal Relations committee
Mena pointed to federal immigration enforcement.
"It is my concern that there would be other states—and there were letters from other state governors, about wanting to enforce federal immigration law in other states," she said. "What I don’t want is any state to come into Washington without our consent or without our knowing that have not been federalized."
Governor Bob Ferguson (D) highlighted the restriction as a top priority of his when he was sworn in earlier this month.
His staff testified in support of the bill, saying while they have not seen a situation where a state’s National Guard has gone into another state without federalization, Washington should take this "precautionary" step.
"I think we’ve seen that other nations across the country have been reserving for themselves this level of discretion, and we think that Washington should be entitled to the same level of discretion," said Nathan Bays with the governor’s office.
The other side:
One concerned citizen testified in opposition because of the bill’s use of the term "militia," saying it lacked "historical context."
"If you’re trying to stop the National Guard, that is one thing," said Jeff Pack. "But the term ‘militia’ is very broad. Are you aware that there’s also citizen militias as well? And they exist in many, many states."
The legislation is scheduled for a committee vote on Friday.
The Source: Information in this story is from Albert James, a television reporter covering state government as part of the Murrow News Fellowship program – a collaborative effort between news outlets statewide and Washington State University.
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