State militias now prevented from entering Washington without permission from governor

OLYMPIA – Militias from other states, districts or territories are now restricted from entering Washington state for duty in most instances without approval from either the governor or president.

“State autonomy is the foundation of our federalist system,” Gov. Bob Ferguson said as he signed the legislation Monday. “This bill is a simple, but very important, expression of that system.”

Under legislation adopted this session, state military forces, such as the National Guard, are prohibited from conducting military duty in Washington without approval from the governor, unless “such force has been called into active service of the United States” and is acting under the duty of the president.

Ferguson said Monday that the bill will not affect disaster response through mutual aid agreements. The legislation included an emergency clause, which means it took effect immediately upon signing. During debate on the floor of the House of Representatives, bill sponsor Rep. Sharlett Mena, D-Tacoma, said the bill is meant as a “protective measure.”

“Hopefully, we won’t need it,” Mena said. “But I think that it’s time that we implement it, we catch up, we align ourselves with other states and protect Washington’s autonomy.”

While the governor did not cite a specific case when it may occur, Ferguson said Monday that “we just cannot allow, as a state, to have armed forces come into our home and enforce policies that are against our core values.”

In recent years, at least 15 states have sent National Guard troops to the southern border to aid in immigration enforcement. Last year, former South Dakota Gov. Kristi Noem sent 60 National Guard troops to the southern border, the fifth deployment since 2021.

In a statement, Rep. Sharlett Mena, D-Tacoma, said the bill “ensures that Washington – not other states – decides what happens in our communities.”

Mena added: “It protects us from unauthorized and unaccountable military actions.”

The legislation has been an area of focus for Ferguson, who referenced it during his inaugural address. During the speech, the governor said the bill would prohibit National Guard members from other states from “coming into Washington to advance any president’s agenda without our permission.”

At least seven other states have similar laws, including Kansas and North Dakota. According to Ferguson, the legislation he signed Monday is modeled after similar legislation in Idaho.

“We welcome collaboration with national guard forces when warranted, but only with our permission,” Ferguson said.

The bill received pushback from Republicans, who argued it was unnecessary and repetitive. During the Senate floor debate, Sen. Jeff Wilson, R-Longview, said federal law already prohibits the National Guard from entering a state without permission.

In the House, Republicans unsuccessfully proposed amendments that would have allowed a military force to enter the state without permission if the force was engaged in “interstate narcotics interdiction.” In response, Mena said such activities are already permitted under existing compacts.