Thread: Armed Mexican troops turned back illegal aliens at U.S. border Why can't we

18 U.S. Code § 1385 - Use of Army and Air Force as posse comitatus

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)

• US Code
• Notes
• Authorities (CFR)

Whoever, 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.

(Added Aug. 10, 1956, ch. 1041, § 18(a), 70A Stat. 626; amended Pub. L. 86–70, § 17(d), June 25, 1959, 73 Stat. 144; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

https://www.law.cornell.edu/uscode/text/18/1385

Posse Comitatus Act

From Wikipedia, the free encyclopedia

Other short titles	Knott Amendment
Enacted by	the 45th United States Congress
Effective	June 18, 1878
Citations
Statutes at Large	20 Stat. 152
Codification
U.S.C. sections created	18 U.S.C. § 1385
Legislative history
Passed the House on May 18, 1878 (130–117) Passed the Senate on June 7, 1878 (29–21) with amendment House agreed to Senate amendment on June 15, 1878 () Signed into law by President Rutherford B. Hayes on June 18, 1878
Major amendments
1956, 1981

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981.

The Act only specifically applies to the United States Army and, as amended in 1956, the United States Air Force. While the Act does not explicitly mention the United States Navy and the United States Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the Act force with respect to those services as well. The Act does not apply to the Army National Guard and the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act either, primarily because although the Coast Guard is an armed service, it also has both a maritime law enforcement mission and a federal regulatory agency mission.

The title of the act comes from the legal concept of Posse comitatus, the authority under which a county sheriff, or other law officer, conscripts any able-bodied man to assist him in keeping the peace.

https://en.wikipedia.org/wiki/Posse_Comitatus_Act

The military's job is to defend this country - period.

Our border is our first line of defense and there is no way, no way this is supposed to be interpreted to keep us from defending our borders.

Let's get real --------

Trump's Plan To Hire 15,000 Border Patrol And ICE Agents Won't Be Easy

BREAKING: Terry McAuliffe Says DACA and 700,000 Dreamers Here to Stay, AND ALL OF THE ANCHOR BABIES TOO

Originally Posted by JohnDoe2

18 U.S. Code § 1385 - Use of Army and Air Force as posse comitatus

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)

• US Code
• Notes
• Authorities (CFR)

Whoever, 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.

(Added Aug. 10, 1956, ch. 1041, § 18(a), 70A Stat. 626; amended Pub. L. 86–70, § 17(d), June 25, 1959, 73 Stat. 144; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

https://www.law.cornell.edu/uscode/text/18/1385

Like I said, it doesn't apply to securing our borders.

Kelly: No Use of US Military to Enforce Immigration, No Mass Deportations