POSSE COMITATUS ACT AND THE US MILITARY ON THE BORDER

Posse Comitatus Act and the US Military on the Border What the National Guard Can and Cannot Do




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Kentucky National Guard Arrives In Arizona. Gary Williams / Getty Images
by Robert Longley

Updated April 09, 2018


On April 3, 2018, President Donald Trump proposed that U.S. military troops be deployed along the United States border with Mexico to help control illegal immigration and maintain civil order during construction of the secure, border-length fence recently funded by Congress.

The proposal brought questions of its legality under the 1878 Posse Comitatus Act. However, in 2006 and again in 2010, Presidents George W. Bush and Barack Obama took similar actions.

In May 2006, President George W. Bush, in "Operation Jumpstart," ordered up to 6,000 National Guard troops to the states along the Mexican border to support the Border Patrol in controlling illegal immigration and related criminal activities on U.S. soil. On July 19, 2010, President Obama ordered an additional 1,200 Guard troops to the southern border. While this buildup was substantial and controversial, it did not require Obama to suspend the Posse Comitatus Act.

The Posse Comitatus Act limits the Guard troops to acting only in support of the U.S. Border Patrol, and state and local law enforcement officers.

Posse Comitatus and Martial Law

The Posse Comitatus Act of 1878 prohibits the use of U.S. military forces to perform the tasks of civilian law enforcement such as arrest, apprehension, interrogation, and detention unless explicitly authorized by Congress.

The Posse Comitatus Act, signed into law by President Rutherford B. Hayes on June 18, 1878, limits the power of the federal government in the use of federal military personnel to enforce U.S. laws and domestic policies within the borders of the United States.

The law was passed as an amendment to an army appropriation bill following the end of Reconstruction and was subsequently amended in 1956 and 1981.

As originally enacted in 1878, the Posse Comitatus Act applied only to the U.S. Army but was amended in 1956 to include the Air Force. In addition, the Department of the Navy has enacted regulations intended to apply the Posse Comitatus Act restrictions to the U.S. Navy and Marine Corps.

The Posse Comitatus Act does not apply to the Army National Guard and the Air National Guard when acting in a law enforcement capacity within its own state when ordered by the governor of that state or in an adjacent state if invited by that state’s governor.

Operating under the Department of Homeland Security, the U.S. Coast Guard is not covered by the Posse Comitatus Act. While the Coast Guard is an “armed service,” it also has both a maritime law enforcement mission and a federal regulatory agency mission.

The Posse Comitatus Act was originally enacted due to the feeling of many members of Congress at the time that President Abraham Lincoln had exceeded his authority during the Civil War by suspending habeas corpus and creating military courts with jurisdiction over civilians.

It should be noted that the Posse Comitatus Act greatly limits, but does not eliminate the power of the President of the United States to declare "martial law," the assumption of all civilian police powers by the military.

The president, under his or her constitutional powers to put down insurrection, rebellion, or invasion, may declare martial law when local law enforcement and court systems have ceased to function.

For example, after the bombing of Pearl Harbor on December 7, 1941, President Roosevelt declared martial law in Hawaii at the request of the territorial governor.

What the National Guard Can Do on the Border

The Posse Comitatus Act and subsequent legislation specifically prohibit the use of the Army, Air Force, Navy and Marines to enforce the domestic laws of the United States except when expressly authorized by the Constitution or Congress. Since it enforces maritime safety, environmental and trade laws, the Coast Guard is exempt from the Posse Comitatus Act.

While Posse Comitatus does not specifically apply to the actions of the National Guard, National Guard regulations stipulate that its troops, unless authorized by Congress, are not to take part in typical law enforcement actions including arrests, searches of suspects or the public, or evidence handling.

What the National Guard Cannot Do on the Border

Operating within the limitations of the Posse Comitatus Act, and as acknowledged by the Obama administration, National Guard troops deployed to the Mexican Border States should, as directed by the states' governors, support the Border Patrol and state and local law enforcement agencies by providing surveillance, intelligence gathering, and reconnaissance support. In addition, the troops will assist with "counternarcotics enforcement" duties until additional Border Patrol agents are trained and in place. The Guard troops may also assist in the construction of roads, fences, surveillance towers and vehicle barriers necessary to prevent illegal border crossings.

Under the Defense Authorization Act for FY2007 (H.R. 5122), the Secretary of Defense, upon a request from the Secretary of Homeland Security, can also assist in preventing terrorists, drug traffickers, and illegal aliens from entering the United States.

Where Congress Stands On the Posse Comitatus Act

On Oct. 25, 2005, the House of Representatives and Senate enacted a joint resolution (H. CON. RES. 274) clarifying Congress' stance on the effect of the Posse Comitatus Act on the use of the military on U.S. soil. In part, the resolution states "by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency."


https://www.thoughtco.com/posse-comi...border-3321286

"The Posse Comitatus Act of 1878 prohibits the use of U.S. military forces to perform the tasks of civilian law enforcement such as arrest, apprehension, interrogation, and detention unless explicitly authorized by Congress."

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CONGRESS NEEDS TO AUTHORIZE OUR U.S. MILITARY FORCES TO ARREST, APPREHEND AND DETAIN ALL ILLEGAL ALIENS BREACHING OUR BORDERS AND THOSE WHO ARE COMING OVER WITH THEIR BOGUS "ASYLUM" CLAIMS!

THEY ARE LYING, COACHED, BOUGHT AND PAID FOR ILLEGAL ALIENS WHOSE OWN GOVERNMENTS ARE FACILITATING THIS INVASION OF OUR COUNTRY!

PUT THEM IN FEDERAL TENT CITY ON FEDERAL LAND AND ALLOW OUR MILITARY TO LOAD THEM UP ON TRANSPORT AND DEPORT THEM OFF OUR SOIL!

THIS IS AN ALL OUT WAR THAT WE HAVE OVER 20 MILLION ILLEGAL ALIENS RESIDING IN OUR COUNTRY ILLEGALLY!

NO PATH TO STAY...THE ONLY PATH WE WANT IS THEM DEPORTED!

Defending the border against another hostile country is not the task of civilian law enforcement, it is the job of the military since the Mexican American War.

This a PDF Very interesting and enlightening.

The US Army on theMexican Border: A Historical Perspective

https://www.armyupress.army.mil/Port...thews_op22.pdf

I post this often—please spread the word


The Posse Comitatus Act does not prohibit US Military on our borders.


US Military is allowed as authorized by the Constitution or Act of Congress This is from Carlton Meyer’s new book: The Spectrum of Future Warfare.
http://www.g2mil.com/border.htm


Myth #1 The US Constitution prohibits posting US troops on the border.The US Constitution says no such thing. In fact, Article IV states: Section 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. So the US Constitution clearly requires the federal government to protect states from invasion. Almost a million aliens illegally pouring across the border into states each year is clearly an invasion.


Myth #2 The Posse Comitatus Act prohibits US troops from guarding US borders.
This 1878 act was enacted to prevent Union troops from continuing to enforce federal laws in the defeated South after the American Civil war. Here is the text as modified by Congress in recent years:


Sec. 1385. – Use of Army and Air Force as posse comitatusWhoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.


Guarding US borders from foreign invasion is not “law enforcement.” The US Army exists to defend the US from foreign invasion, which is expressly authorized by the US Constitution. Guarding the Mexican border was the Army’s primary peacetime mission until 1940, and no one ever declared this was in violation of this 1878 act. The US Border Patrol wasn’t even formed until 1924, so claiming the intent of this law was to prevent US Army troops from guarding the border is absurd. The map at left shows US Army forts in Texas in the late 1880s when the entire US Army had fewer than 40,000 soldiers; it has 500,000 today. Clearly, defending the US border was a primary mission of the US Army for decades after this act was passed.Some may argue that Chapter 18, Section 375 of Title 10 US Code prevents military personnel from direct participation in law enforcement. However, defending US borders from foreign invaders is not law enforcement, it’s the basic purpose of the US military. While defending these United States from invasion, civilian law enforcement may be called upon to assist the US military. Does anyone believe the Border Patrol must operate fighter aircraft because the US Air Force can’t intercept aircraft crossing into the US because that’s “law enforcement”? When you read about proposals in Congress to put US troops on the border, those are not proposals to allow US troops on the border, but proposals to force the President to put troops back on the border. However, recent Presidents have listened to their corporate advisors and their slogans and ignored the threat of unsecured US borders.


Myth #3 The National Guard should guard the border, not active duty troops.
The National Guard is an organized militia to deal with state and national emergencies. Guarding the US border is a full-time mission that the federal government is required to perform by Article IV, Section 4 of the US Constitution. The few states along the border shouldn’t be expected to defend the entire country from invasion. This myth is also spread by imperial minded Generals who prefer to rule an empire overseas than to defend their own citizens. Whenever citizens demand the Army protect their nation, Generals dodge this issue by stating that it may be a mission for the National Guard, so as not to waste resources of the US Army. This is absurd; the primary mission of the US Army is to protect US citizens, and the US Constitution requires the federal government to protect states from invasion. If there is a major war and the Army would like to deploy its border troops overseas, then National Guard troops from any state can be mobilized to guard the border until the war ends.


Myth #4 The US Army hasn’t the resources for border troops. The active duty army has 500,000 full-time troops supported by over 300,000 civilians. The Border Patrol has 9700 agents. Certainly, the Army can form a infantry division of 10,000 troops to actually defend the USA, or Congress can authorize more troops. This G2mil article: Cut Surplus Army Units identifies more than 10,000 unneeded positions in the US Army that can be cut to form an infantry division. There are several US military bases along the border that can host an infantry battalion for border security: NAS Whidbey Island, WA; Minot AFB, SD; Selfridge ARNG base, MI; Fort Drum, NY; Laughlin AFB, TX; Fort Bliss, TX; Fort Huachuca, AZ, Yuma Proving Grounds, AZ; and NAS El Centro, CA; plus several military facilities in the San Diego area. Some Army officers may express concern that border duty will hurt readiness for Army missions overseas. They don’t understand that defending the USA is their primary mission!


Myth #5 Soldiers aren’t trained for such missions Soldiers are ideally trained to guard remote areas of the border. All they need are a few days of orientation training and to learn some Spanish or French phrases they can shout into a bullhorn: “Stop, you cannot enter the United States here, go back!” They will not process arrestees, fill out paperwork, search houses, run checkpoints, appear in court, or conduct investigations. They will just confront people who they directly view invading the USA. They will insist that foreign intruders turn back or face arrest by the Border Patrol. This will prevent odd incidents like in 1997 when a marine on drug war duty near the border shot a local goat herder who had fired in his direction. Some suspect this young man was paid by drug dealers to provoke an incident in hopes of getting the marines removed. He succeeded, but didn’t expect to die. The marines were there because the President had authorized their use after Army Generals refused. The Marine shooter was there on temporary duty and did not view the goat herder entering the USA illegally. The establishment of orientation training and strict rules of engagement can ensure that US troops have no contact with US citizens.


Myth #6 Illegal immigration cannot be stopped Of course it can. There is no illegal immigration from North to South Korea because that border is heavily guarded. Perhaps some of the 20,000 US troops there can transfer to the US border. Guarding the border will not stop the hundreds of thousands of visitors who overstay their visas in the USA, but at least they were checked and inspected prior to arrival. The Border Patrol estimates that 700,000 unknown persons slipped past them last year, cutting that to 7000 a year is not unrealistic. Some claim that illegals will just find another way to cross. However, most illegals cannot obtain a visa or shopping pass because they haven’t an address and job.


http://www.unitedpatriotsofamerica.c...r-borders.html

GET THE MEMO TO TRUMP!

GET THE MILITARY ON THE BORDER...LOCK AND LOAD AND TURN THESE INVADERS AWAY!

WE DON'T WANT THEM!

BUILD THE WALL!