Durbin, Duckworth Announce NDAA Amendments To Increase Oversight As President Trump Threatens To Deploy Military, ICE To Chicago

Durbin, Duckworth Announce NDAA Amendments To Increase Oversight As President Trump Threatens To Deploy Military, ICE To Chicago

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), a member of the Senate Appropriations Subcommittee on Defense and Ranking Member of the Senate Judiciary Committee, and U.S. Senator Tammy Duckworth (D-IL), a combat Veteran and member of the Senate Armed Services Committee, today announced seven amendments to the National Defense Authorization Act (NDAA) of 2026 to push back against the Trump Administration's threats to deploy the military to cities across the country, including Chicago. These amendments would enhance congressional oversight over President Trump's expansive use of the military for law enforcement operations in American cities, including without the consent or request of a state's elected officials.

"Deploying the military to Chicago without the request or consent of Illinois' elected leaders is a clear violation of the law by the President. Chicago does not need to be 'saved' by President Trump, and this is nothing more than a shameless scare tactic," said Durbin. "President Trump continues to abuse his power as Commander in Chief, but Senator Duckworth and I are pushing for stronger oversight over his actions."

"I'm proud to join Senator Durbin in sponsoring these amendments that will help ensure our military can remain focused on its core missions and prevent Donald Trump-or any President-from politicizing and misusing our Armed Forces for their own gain," said Duckworth. "Forcing the military, uninvited, into our cities to intimidate Americans in their own communities does not make our nation stronger, it simply distracts the military from executing its core mission of keeping our nation safe from real adversaries who wish us harm. Trump's threats against Chicago are more unwarranted, unwanted and unjust moves straight out of the authoritarian's playbook that will only jeopardize civil rights, undermine our military's readiness and ultimately weaken our national security."

The amendments that Durbin and Duckworth announced include:

1. Amendment #3028 to curb misuses of military bases, installations and facilities for detentions by prohibiting the use of any military construction funds to construct, renovate or expand any facility forthe purposes of detaining migrants.
2. Amendment #3209 to draw a bright line between military and policing by prohibiting individuals from simultaneously serving as an employee in the Department of Defense and in any civilian law enforcement entity, except if they are members of the Reserves and National Guard and hold law enforcement roles solely in their civilian capacities.
3. Amendment #3210 to protect civil rights and prevent misuse of military by requiring the President to notify Congress and justify in writing before providing access to military equipment-including surveillance equipment-bases or facilities to support law enforcement, and require Congressional approval to extend any such support longer than 30 days. This amendment would make it harder forPresident Trump to use military bases for detention, provide military surveillance equipment to support police or DHS, and claim it is legal to deploy the military to American cities because they are only in support roles to law enforcement. In recent months, the Trump Administration has dedicated expensive DOD platforms, assets and facilities for support to law enforcement, including designating military bases in five states for DHS support, including Ft. Bliss which was once used for Japanese internment, and pulling expensive military systems away from their normal missions to assist DHS with surveillance within the United States along the border.
4. Amendment #3596 to prohibit DoD non-reimbursable support to the Department of Homeland Security (DHS) for the purposes of immigration enforcement activities. The Trump Administration's expansive use of the military for immigration operations, both domestically and overseas at Guantánamo Bay, has raised significant civil liberties concerns and risks eroding trust in the military. It is also a costly diversion of military resources that undermines readiness, as the Department of Defense (DOD) has provided such immigration enforcement support to DHS on a non-reimbursable basis, effectively forsaking the intent behind such Congressionally directed defense funds.
5. Amendment #3774 to prohibit the use of DoD funds for any activities that would violate the Posse Comitatus Act or that would infringe on powers reserved to the States under the Constitution.
6. Amendment #3775 to ensure applicability of the Posse Comitatus Act on the National Guard. This amendment would close an unintended loophole President Trump has abused to deploy National Guard troops across state lines for law enforcement support and absent invocation of emergency authorities under the Insurrection Act.
7. Amendment #3773 to prohibit the use of funds for any DoD deployment of National Guard forces under Title 32 authorities in a state or federal territory over the objections of the chief executive.

Both Durbin and Duckworth have repeatedly spoken out against President Trump's threats to deploy troops and U.S. Immigration and Customs Enforcement (ICE) agents to Chicago. Earlier this week, Durbin and Duckworth led Illinois delegation members in demanding that President Trump abandon his plans to deploy the military to the city, and the Senators wrote to the leaders of DOJ, DHS, DOD, and the FBI to request information about the Trump Administration's plans to send federal agents and troops to Chicago. After reports surfaced that DOD planned to use Naval Station Great Lakes to enable operations by ICE officers, the Senators requested a meeting with the Secretary of the Navy. The Senators visited Naval Station Great Lakes earlier today.

As a member of the Armed Services Committee, Duckworth also successfully secured the following amendments in the NDAA that the Committee approved in July and are set to be considered by the full Senate:

• Language to strengthen public trust of the military and enhance civil rights by requiring that servicemembers identify themselves as part of the military when assisting federal law enforcement in the United States. As the Trump Administration continues to send federal agents and our nation's military into our communities to intimidate their fellow Americans, this provision ensures that servicemembers identify themselves properly-to avoid public misunderstanding about who is providing logistical support versus conducting arrests or law enforcement duties.

• Ensure all servicemembers know their legal obligations during deployments both at home and abroad by mandating legal training to all servicemembers, including a refresher within 90 days of any mobilization or deployment, on their responsibilities under the law of armed conflict, rules of engagement, defense support for civil authorities and standing rules for the use of force within the United States. In light of the Trump Administration's increasing use of troops to support law enforcement within the United States, this provision will ensure troops know how to responsibly operate within the bounds of domestic laws and protect American civil rights.

A copy of Amendment #3209 is available here.

A copy of Amendment #3210 is available here.

A copy of Amendment #3773 is available here.

A copy of Amendment #3774 is available here.

A copy of Amendment #3775 is available here.

A copy of Amendment #3596 is available here.

-30-