• The state is considering a program to train some National Guard members in local policing.
• National Guard members typically do not make arrests or conduct local law enforcement, but Indiana law carves out some exceptions.
• A state Democrat says he filed legislation to restrict guardsmen’s policing power in response to Republicans who want to strengthen it.

The Indiana National Guard wants to enhance some guardsmen’s role as police officers during times of civil unrest, as debates about the military’s role in policing play out nationwide amid President Trump’s deployment of federal forces in Democrat-led cities.

National Guard spokeswoman Lauren Houck confirmed the state is pushing a program that would offer Indiana law enforcement training to military police so those federal troops can “add value,” rather than merely add bodies, when working alongside local police during situations like the 2020 riots. Military police typically enforce federal laws on National Guard property, but governors can call guardsmen out to support local law enforcement and first responders during emergencies.

The Indiana National Guard approached Gov. Mike Braun’s office to make the request for the change. Houck would not say whether this training will give guardsmen broader authority to act as police in Indiana, enforcing local laws and making arrests, or if National Guard leadership just wants its troops to be better prepared for emergencies.

The news come days after IndyStar reported that Statehouse insiders are researching legislation that could grant more policing power to guardsmen in local jurisdictions. While some Republicans push for an expanded role for the National Guard, at least one Democratic lawmaker wary of military intervention in policing has filed legislation to restrict its power.

The new program would ultimately need to be approved by the Indiana Law Enforcement Training Board, the body that creates training requirement for all Indiana police officers. The state’s basic training for new police officers requires more than 600 hours of coursework in criminal and traffic law, emergency vehicle operations, human behavior and de-escalation. It’s unclear how quickly the proposed program would train military police.

“These preliminary discussions have been about creating a fair and efficient process, while ensuring proper certifications and training are in place,” Houck said in a statement.

Houck said the new training has been discussed for months, but the need for it stems from the 2020 protests and riots that swept through Indiana cities after the police killing of George Floyd. At the time, Gov. Eric Holcomb stationed National Guard to defend state property, but their role in actively policing protesters was limited.

Braun said in a statement he supports the new training program because “law enforcement deserves every tool and partner they need to keep Hoosiers safe.”

Braun has so far declined to use the National Guard to intervene in local policing, even after violence in downtown Indianapolis this summer prompted calls by Republicans and the local police union for the state to step in.

But this week the governor showed his willingness to help the Trump administration by agreeing to deploy about 300 National Guard troops to Washington D.C. next month, after the president declared a public emergency over crime in the nation’s capital in August.

Meanwhile, Indiana Attorney General Todd Rokita earlier this month called for Trump to deploy National Guard troops to address crime in Indianapolis.

What Indiana law says about the National Guard

Trump’s National Guard deployments in cities such as Los Angeles, Chicago and Portland have been stalled by lawsuits and court rulings, igniting a debate over whether the president is violating federal law that generally bars military troops from doing civilian law enforcement.

Indiana law gives the governor broad authority to call out guardsmen, who are part-time, ad-hoc military members, in extreme situations such as war, invasion, natural disaster and rioting. National Guard troops do not typically enforce local laws or make arrests but rather conduct patrols and provide logistical support to keep the peace.

During a state emergency, however, Indiana law does grant guardsmen some authority to disperse participants in an “unlawful assembly” and arrest those who refuse. Another portion allows guardsmen to arrest someone who knowingly or intentionally enters a street that the National Guard has closed off.

Even when a governor declares an emergency, local officials can challenge their deployment to cities. A Tennessee judge on Nov. 17 temporarily blocked the Republican governor’s deployment of the National Guard in Memphis, ruling that crime rates in the southern city were not a “grave emergency” or “disaster” warranting an emergency response.

Indianapolis Mayor Joe Hogsett has rejected the idea of National Guard intervention in local law enforcement. The mayor noted that criminal homicides and non-fatal shootings in Indianapolis have fallen by roughly 50% after they soared to record highs in 2021, according to IMPD data.

Democrat files legislation to restrict National Guard power

While some state Republicans seek to broaden the National Guard’s power, a state Democrat who works in law enforcement has filed legislation to restrict guardsmen’s ability to enforce laws and make arrests.

State Rep. Mitch Gore, D-Indianapolis, filed House Bill 1015 Nov. 18 to prevent the governor from ordering any National Guard member “to perform any law enforcement duty that may result in the surveillance, apprehension, detention, or arrest of an individual” without formally declaring a state of emergency for one of three situations: “a natural disaster, a riot, or an act of terrorism.”

A captain at the Marion County Sheriff’s Office in his day job, Gore told IndyStar he sees a need for the bill because some Republican state lawmakers have asked his opinion on allowing National Guard troops to function as police officers.