Bill giving Virginia guard deployment priority over federal, out-of-state orders passes

RICHMOND, Va. (WRIC) -- A bill ensuring Virginia's guard deployment answers first to the state, while still allowing federally authorized missions, passed the Senate on Thursday.

The afternoon of Tuesday, Jan. 27, Sen Russett W. Perry (D-Loudoun), who sits on the Virginia Sentencing Commission, introduced Senate Bill 337, which focuses on limited actions by militias and regulating certain military authority interactions in the Commonwealth.

Perry said SB 337 recognizes a perceived threat: "Tyranny can come not only from a distant federal government, but from neighboring states emboldened to act beyond their borders."

She argued that no governor of another U.S. state has the authority to send armed forces into the Commonwealth without the state's consent -- whether for mutual aid, law enforcement assistance or immigration enforcement.

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"Soldiers are trained to defeat enemies, not to protect constitutional rights, and citizens lose the distinction between civic order and martial control," Perry said. "For nearly 150 years, this principle has protected American liberty. But it's under siege."

Guard deployments have been under heavy scrutiny in recent months, reaching a peak after two National Guard members who deployed to the nation’s capital were shot on Nov. 27, 2025, just blocks from the White House in what the mayor described as a "targeted attack."

"We must not allow the president to turn our state forces into an occupying army within our own borders, nor will we allow the governors of other states to do so," Perry said. "Senate Bill 337 enforces the principle."

Sen. Bryce Reeves (R-Orange), however, argued against the bill, saying, "This is a bill looking for a problem."

"As somebody who served in uniform and understands how the regular army and reserve forces and our guard work, this is going to cause us real heartache," Reeves said.

Meanwhile, Sen. David Sutterlein (R-Roanoke) said it was "shocking" to hear some of the things that were said in defense of SB 337, particularly references to Virginia's history of defying the federal government.

He noted President Dwight Eisenhower's actions in the National Guard and said, "Ultimately, federal authority is going to surpass this bill in any event."

When asked about what this bill specifically is directed toward, Perry said SB 337 is a response to seeing the National Guard sent to other states in "act in ways that I don't believe are congressionally authorized and historically have not been used," she said.

In a tight 21-19 vote, the vote passed.

This comes after Gov. Abigail Spanberger (D) revoked former Gov. Glenn Youngkin's (R) Executive Order 47 on her first day in office. The executive order required and encouraged state and local law enforcement to use resources to enforce federal immigration laws.