New York State Senate Republicans Urge Federal Activation of National Guard in Prisons, Calling for Pay and Benefits Equal to Active Duty Military

Late last week, Senate Minority Leader Rob Ortt and other New York State Senate Republicans sent an open letter to President Donald J. Trump and General Steven S. Nordhaus, Chief of the National Guard Bureau, requesting the federal activation of National Guard personnel currently serving in the state’s correctional facilities. This comes in response to the ongoing crisis caused by the HALT Act, which has led to dangerous conditions for corrections officers and a series of strikes across the state.

The lawmakers pointed to the escalating violence in New York’s prisons, with record-breaking assaults on corrections staff in 2023 and 2024. As a result of these conditions, over 2,000 corrections officers participated in a wildcat strike, leaving several facilities severely understaffed. In an effort to maintain order, Governor Kathy Hochul deployed nearly 6,500 National Guard members to assist in the prisons.

A New York State corrections officer, who wished to remain anonymous, spoke to us about the unsafe environment caused by the HALT Act, stating, “The HALT Act isn’t safe for anyone in the facility, not inmates or staff. It only helps the individuals who want to create havoc and disorder. It also prevents corrections staff from placing inmates in protective custody.” The officer also discussed the severe understaffing of the facilities, noting, ” They are understaffed by over 6,500 officers. That is counting the 2,000 they just fired and over 1,500 or more that resigned or retired from the strike.”

The officer went on to describe the dangerous working conditions further, sharing, “I have had feces, urine, blood, and other unknown substances thrown at me since the inception of the HALT Act. I have taken overdosed inmates and many slashed inmates to the hospital. The facilities are overrun with drugs from K2 to marijuana to fentanyl. Almost every day I hear of staff being exposed to an unknown substance and having to be brought back by NARCAN.”

Given the conditions in the prisons, Senate Republicans have expressed concerns about the safety of the Guard members and the adequacy of their training in handling correctional facility duties. They called for the National Guard to be activated under Title 10 of the United States Code, which would provide Guard personnel with the same pay, benefits, and legal protections as active-duty military members, including comprehensive healthcare and access to Veterans Affairs services for any injuries incurred.

Additionally, the letter encouraged the federal government to monitor the situation closely and engage with Governor Hochul if further federal assistance becomes necessary. The senators also invoked New York State’s Executive Law, which mandates that the Governor request federal help when the state’s resources are overwhelmed by the crisis.

The letter concludes by underscoring the urgency of the situation and the need for federal intervention to protect both National Guard members and corrections officers.