Thread: Pentagon exploring border control patrols

Pentagon Exploring Border Control Patrols
NewsMax.com Wires
Friday, May 12, 2006




WASHINGTON -- The Pentagon is looking at ways the military can help provide more security along the U.S. southern border, defense officials said Thursday, once again drawing the nation's armed forces into a politically sensitive domestic role.

Paul McHale, the assistant secretary of defense for homeland defense, asked officials this week to come up with options for the use of military resources and troops - particularly the National Guard - along the border with Mexico, according to defense officials familiar with the discussions. The officials, who requested anonymity because the matter has not been made public, said there are no details yet on a defense strategy.

The request comes as some Southern lawmakers met this week with White House strategist Karl Rove for a discussion that included making greater use of National Guard troops to shore up border control. Congress is poised to pass legislation this month that would call for additional border security, a new guest worker program and provisions opening the way to eventual citizenship for many of the estimated 11 million illegal immigrants in the country.

"The Texas delegation is very concerned about the border and are pushing urgency," said Rep. Kevin Brady, R-Texas, who joined other Texas Republicans in a meeting with Rove this week. He said Rove was "very forthright" about border projects that Homeland Security is starting up, its current projects and what the needs are.

Rep. Ken Marchant, R-Texas, who also attended the meeting, said the lawmakers left "very encouraged."

Currently, the military plays a very limited role along the borders, but some armed forces have been used in the past to help battle drug traffickers. National Guard units, meanwhile, have been used at time by Southern and Western governors to provide assistance at border crossings.

Arizona Gov. Janet Napolitano said the military help "is basically what she has been asking for," spokeswoman Jeanine L'Ecuyer said. Napolitano has been asking the Pentagon to send more National Guard troops - but not regular military - to confront illegal immigration from Mexico. About 170 National Guard troops are helping in such efforts in the state now.



Similarly, Texas Gov. Rick Perry hadn't specifically requested assistance from the military, but he liked the idea, according to spokeswoman Kathy Walt. "The assets are stretched thin, at least in Texas, because of the war on terror," she said. "The governor would welcome any effort by the federal government in meeting its responsibility to secure our border."

Defense officials said they have been asked to map out what military resources could be made available if needed - including options for using the National Guard under either state or federal control. The strategy would also explore the legal guidelines for use of the military on domestic soil, the officials said.

On Capitol Hill on Thursday, the House voted 252-171 to allow Defense Secretary Donald H. Rumsfeld to assign military personnel under certain circumstances to help the Homeland Security Department with border security. The House added the provision to a larger military measure.

The National Guard is generally under the control of the state governors, but Guard units can be federalized by the president, such as those sent to the wars in Afghanistan and Iraq. Active duty military cannot be used for law enforcement unless the president specifically decides to exercise that option.

Officials wrangled over the use of the active military during Hurricane Katrina, with some suggesting that troops be used for law enforcement to quell violence and looters in New Orleans. There were also suggestions that Bush federalize the National Guard there - removing them from state control, but state officials opposed that proposal. In the end, neither move was made.



At its peak during Katrina, the military had about 22,000 active-duty troops in the Gulf region, along with about 50,000 National Guard troops operating under the state governors' command. The active- duty military provided ships, helicopters, search-and-rescue aid, evacuations and other assistance.

In the aftermath of the hurricane, Bush asked Pentagon officials to review ways to give the military a bigger role in responding to major disasters. But officials are somewhat reluctant to make major changes, leery of the image of armed military troops patrolling U.S. cities.

Under the Civil War-era Posse Comitatus Act, federal troops are prohibited from performing law enforcement actions, such as making arrests, seizing property or searching people. In extreme cases, however, the president can invoke the Insurrection Act, also from the Civil War, which allows him to use active-duty or National Guard troops for law enforcement
http://www.newsmax.com/archives/article ... shtml?s=lh

They are ALL talk and NO DO!

Using the military to secure our borders, is not law enforcement, it's the defense of our country, which is what the military is there for. The Constitution says "to provide for our common defense", that's one of the primary responsibilities of the Federal government. A responsibility, that up til now, President Bush has not taken seriously.

Pentagon eyes ways to use military for border security

http://www.cnn.com/2006/US/05/12/border ... index.html

Under the Civil War-era Posse Comitatus Act, federal troops are prohibited from performing law enforcement actions, such as making arrests, seizing property or searching people. In extreme cases, however, the president can invoke the Insurrection Act , also from the Civil War, which allows him to use active-duty or National Guard troops for law enforcement.

http://www.uscg.mil/hq/g-cp/comrel/fact ... tatus.html
From the Coast Guard

"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction Era criminal law proscribing use of Army (later, Air Force) to "execute the laws" except where expressly authorized by Constitution or Congress. Limit on use of military for civilian law enforcement also applies to Navy by regulation. Dec '81 additional laws were enacted (codified 10 USC 371-7 clarifying permissible military assistance to civilian law enforcement agencies--including the Coast Guard--especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance, etc.) while generally prohibiting direct participation of DoD personnel in law enforcement (e.g., search, seizure, and arrests). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews). Positive results have been realized especially from Navy ship/aircraft involvement.

http://www.homelandsecurity.org/journal ... ilcock.htm
Interesting article: The Myth of Posse Comitatus by Major Craig T. Trebilcock, U.S. Army Reserve

History

The original 1878 Posse Comitatus Act was indeed passed with the intent of removing the Army from domestic law enforcement. Posse comitatus means “the power of the county,” reflecting the inherent power of the old West county sheriff to call upon a posse of able-bodied men to supplement law enforcement assets and thereby maintain the peace. Following the Civil War, the Army had been used extensively throughout the South to maintain civil order, to enforce the policies of the Reconstruction era, and to ensure that any lingering sentiments of rebellion were crushed. However, in reaching those goals, the Army necessarily became involved in traditional police roles and in enforcing politically volatile Reconstruction-era policies. The stationing of federal troops at political events and polling places under the justification of maintaining domestic order became of increasing concern to Congress, which felt that the Army was becoming politicized and straying from its original national defense mission. The Posse Comitatus Act was passed to remove the Army from civilian law enforcement and to return it to its role of defending the borders of the United States.

Conclusion

Is the Posse Comitatus Act totally without meaning today? No, it remains a deterrent to prevent the unauthorized deployment of troops at the local level in response to what is purely a civilian law enforcement matter. Although no person has ever been successfully prosecuted under the act, it is available in criminal or administrative proceedings to punish a lower-level commander who uses military forces to pursue a common felon or to conduct sobriety checkpoints off of a federal military post. Officers have had their careers abruptly brought to a close by misusing federal military assets to support a purely civilian criminal matter.

But does the act present a major barrier at the National Command Authority level to use of military forces in the battle against terrorism? The numerous exceptions and policy shifts carried out over the past 20 years strongly indicate that it does not. Could anyone seriously suggest that it is appropriate to use the military to interdict drugs and illegal aliens but preclude the military from countering terrorist threats that employ weapons of mass destruction? For two decades the military has been increasingly used as an auxiliary to civilian law enforcement when the capabilities of the police have been exceeded. Under both the statutory and constitutional exceptions that have permitted the use of the military in law enforcement since 1980, the president has ample authority to employ the military in homeland defense against the threat of weapons of mass destruction in terrorist hands.