For 20 years, I served in the U.S. Air Force. I served overseas under presidents of both parties and worked alongside service members who trusted that when they were called to serve, it was done lawfully, deliberately, and with accountability. That experience shapes how I approach my role today as a member of the Virginia House of Delegates.
It is also why I worked alongside fellow veterans to write House Bill 286, the National Guard Integrity and Democracy Protection Act.
At a time when ICE is shooting and killing innocent Americans in Minneapolis, and President Donald Trump has sent in National Guard troops over the objections of governors to illegally impose his will, it’s never been clearer that we need to restore clarity and constitutional balance. Whereas I could trust that my deployments were undertaken lawfully, deliberately and with accountability, we can no longer take that for granted when it comes to Virginia’s National Guard.
The Constitution is clear. Congress holds the power to declare war and to call forth the militia. Governors command their National Guard units unless and until Congress lawfully federalizes them.
That separation exists for a reason. Decisions involving prolonged deployments, coercive missions or combat are not meant to rest with a single executive. They require transparency, debate and shared responsibility.
It is the responsibility of the commonwealth to ensure that transparency and debate exist when the lives of our Guard members are at stake. Our current laws, written for a different era, no longer guarantee that. HB286 is designed to fix that.
Our bill addresses what happens when the Guard is mobilized under federal authority, whether inside or outside the commonwealth. It ensures that Virginia’s civilian leadership is informed, that legal authority is examined, and that the constitutional roles of Congress, the governor and the General Assembly remain clear.
That clarity protects not only the commonwealth but also the service members who deserve to know under what authority they are being sent into harm’s way.
HB286 also strengthens accountability here at home. It ensures the Guard cannot be used to interfere in elections or intimidate voters. It reinforces that Guard deployments must follow lawful processes, and it provides transparency through annual reporting on deployments, readiness, retention, funding and resources.
As someone who understands how deployments affect families, careers and unit readiness, I believe Virginians deserve to know how often their Guard is being used and for what purposes.
The bill further recognizes that democratic guardrails should apply at the state level as well. When a Virginia governor deploys the Guard, the General Assembly must be notified promptly. If a security deployment extends beyond two weeks, the people’s representatives are brought into the conversation. This is not an obstruction, but how oversight is intended to work.
As a veteran, I understand the need for swift action in moments of crisis. HB286 does not prevent the Guard from responding to emergencies or defending our commonwealth and country. It simply ensures that we follow the constitutional process our founders designed. Our strength as a nation has always come from pairing power with principle.
At a time when executive authority is increasingly stretched, and the Guard is asked to do more than ever, clear rules are not a luxury. They are a responsibility we owe to those who serve and to the Constitution they defend.
Now more than ever, clarity is not optional. It is a requirement.
Del. Michael Feggans represents the 97th House District, which includes part of Virginia Beach. He is a 20-year veteran of the U.S. Air Force and a Tallwood High graduate.