A pair of Democratic lawmakers are asking senior defense leaders to clarify the rules for deploying military personnel on U.S. soil amid increasing political rhetoric about changing such restrictions so that units can respond to immigration or protest problems.
In a Wednesday letter to Defense Secretary Lloyd Austin and Joint Chiefs Chairman Gen. C.Q. Brown, the representatives — Elissa Slotkin of Michigan and Mikie Sherrill of New Jersey — asked the leaders to clearly and publicly explain the limits of military use for domestic issues, calling it a matter “essential to maintaining our democracy” in the near future.
“We feel compelled to look ahead to decisions that you, as the most senior defense officials, may be called upon to make in the next six months,” the pair wrote. “These decisions will fall squarely into the constitutional roles that you swore to uphold and we know you both respect. We are relying on you to preserve the system that our Founding Fathers designed.”
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In their letter, Slotkin and Sherrill — a former Navy pilot — asked the military leaders for public assurances that the limits on domestic use of military forces are still in effect, and that federal laws prohibit any president from ordering troops to circumvent those rules for political purposes.
They also asked for assurances from the Pentagon leaders that “if a President were to issue such an [unlawful] order, you would refuse to carry out the order.”
Defense Department officials declined comment on the letter but said they would follow up directly with the two congressional offices.
What the military can and cannot do on American soil has been a friction point among Republicans and Democrats in recent years, particularly concerning comments from Donald Trump during and after his presidency.
Trump has suggested he would use active-duty troops and guardsmen in the deportation of immigrants from America, and said the military could be used as a domestic police force to respond to urban violence or public protests.
In addition, officials with the Project 2025 Presidential Transition Project — which Trump has sought to distance himself from, despite having numerous connections to organizers — have suggested that the next president could deploy military personnel to fill domestic law enforcement roles across the country as he or she sees fit.
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The Posse Comitatus Act currently prohibits federal military forces from such domestic law enforcement work unless the president invokes emergency powers. It does not limit state governor’s ability to deploy National Guard troops from responding to local emergencies, such as natural disasters or riots.
Leo covers Congress, Veterans Affairs and the White House for Military Times. He has covered Washington, D.C. since 2004, focusing on military personnel and veterans policies. His work has earned numerous honors, including a 2009 Polk award, a 2010 National Headliner Award, the IAVA Leadership in Journalism award and the VFW News Media award.
