53 US states and territories oppose the transfer of National Guard units to Space Force

(The Center Square) – The leaders of 48 U.S. states and five U.S. territories are opposing a Pentagon plan to transfer National Guard units from states to Space Force, bypassing approval from governors.

They argue the plan ignores government authority, undermines more than a hundred years of precedent and jeopardizes national security and military readiness.

Secretary of the Air Force Frank Kendall introduced Legislative Bill 480 to the U.S. Senate and House Armed Services committees in March, asking Congress to give him unilateral authority to transfer state units of the Air National Guard to the Space Force without first obtaining the consent of their governor and commander in substance.

The goal is to build the Space Force by bringing in about 600 Guard personnel from 14 units in six states and Washington, DC.

According to the National Guard Bureau, if the Air Force were not to withdraw from these states’ National Guard units, it could take roughly nine years to meet its quota and cost about $1 billion. Withdrawing Guardsmen from states would happen immediately and would cost only about $250,000, according to estimates.

The U.S. military’s space operations already rely heavily on state National Air Guard units, which comprise 30% of the Army’s squadrons and 60% of its electromagnetic warfare capabilities.

In a letter to Defense Secretary Lloyd Austin, the president and leaders of Congress, the governors of 48 states and leaders of five U.S. territories expressed their “strong objection” to LP480, saying it would “weaken their authority over the National Guard or eliminate and would pose a threat to the LP480.” readiness and operational effectiveness of their units.”

LP480 “circumvents, eliminates, or otherwise diminishes the authority of governors within their states and territories and undermines long-standing partnerships, preeminence, military readiness, and operational effectiveness,” they said, pointing to federal statutes.

For more than a century, the United States Code, Title 10 and Title 32, has established governmental authority over the National Guard. Title 32, Section 104 states that no change in the branch, organization, or assignment of a state’s National Guard units can occur without the approval of a state’s governor. Title 10 Section 18238 provides that a state’s Air National Guard may not be removed or withdrawn without consultation with and approval of the Governor.

LP480 also “negatively impacts the important relationships” between states and the Department of Defense “at a time when we must have full trust between the two to meet the growing threats posed by the era of strategic competition and natural disasters. ,” they said.

Governor Ron DeSantis said LP480 would “ignore more than a century of precedent and undermine federal legal protections for state control over their National Guard forces.”

Florida would be affected if the Florida Air National Guard’s 114th Electronic Warfare Squadron is transferred to the Space Force.

DeSantis sent a separate letter, arguing that transferring the squadron from Florida without his permission “would be a federal overreach, a violation of the federalist design of the National Guard, and would hinder Florida’s ability to appropriately prepare for and respond to domestic emergencies.”

He also said Florida National Guard troops continue to respond to hurricanes and natural disasters, while the federal government is under-resourced compared to other large states. To complement their efforts, he and the state Legislature last year re-established the Florida State Guard.

House Armed Services Committee Chairman Mike Rogers, R-Ala., and other members of Congress have expressed support for LP480.

But retired Maj. Gen. Francis McGinn, president of the National Guard Association of the United States, argues, “The Air National Guard’s aerospace professionals and their equipment legally belong to a governor until mobilized by the president.”

He also said the National Defense Authorization Act of 2024 does not authorize the LP480 and does not allow for part-time positions in the Space Force.

Air Guard space professionals don’t want to transfer to Space Force, he said. Many work part-time while working in the high-tech sector. “They don’t want to serve full-time, and they don’t want to be subject to relocation. Additionally, there are currently no part-time jobs in the Space Force, nor will there be anytime soon.”

The governors also claim the plan threatens the careers of state service members “who will be forced to choose between state service or continuing in their current fields, at a time when there are already significant recruitment challenges.”

“The Air Force plan would destroy the Air Guard’s space units,” McGinn said. “These are some of the most experienced space units in the military. The nation would suddenly find itself without their capabilities, at a time when our nation is increasingly dependent on satellites and our adversaries are rapidly expanding their military presence in space.”