Thread: White House: Report National Guard May Round up Immigrants Is False

Originally Posted by Judy

You can put Army on the borders and use the National Guard to clean house in the interior. That's what I would do, along with using state and local law enforcement agencies who want to solve the problems in their communities.

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

By Robert Longley
Updated December 03, 2016.

On May 15, 2006, President 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The Posse Comitatus Act was originally enacted due to the feeling of many members of Congress at the time that President Abraham Lincoln had exceeded his authority during the Civil War by suspending habeas corpusand 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 will, 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."

http://usgovinfo.about.com/od/defens...The-Border.htm

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.

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.

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.

The President already has the Constitutional and Congressional authority to use the National Guard to remove illegal aliens from the United States and the US Army to keep them out.

And he doesn't have to declare "Martial Law" to do it either. Illegal immigration is a foreign invasion of the United States by foreign nationals sponsored and protected by foreign governments and foreign criminal organizations, being given sanctuary by city, county and state governments and their state and local law enforcement, all in flagrant violation of federal laws and with clear intent to harm the United States and the American People.

Americans have two choices, to continue to be stupid and let illegal aliens invade and destroy our country and operate above the law, or get smart and put an end to it, once and for all.

Originally Posted by Judy

The President already has the Constitutional and Congressional authority to use the National Guard to remove illegal aliens from the United States and the US Army to keep them out.

And he doesn't have to declare "Martial Law" to do it either. Illegal immigration is a foreign invasion of the United States by foreign nationals sponsored and protected by foreign governments and foreign criminal organizations, being given sanctuary by city, county and state governments and their state and local law enforcement, all in flagrant violation of federal laws and with clear intent to harm the United States and the American People.

Americans have two choices, to continue to be stupid and let illegal aliens invade and destroy our country and operate above the law, or get smart and put an end to it, once and for all.

Heck, who are you attempting to convince? I say send every able bodied military member in the United States to the border. I only posted the article to show that certain actions have to be done to make such action possible.

We have a lot of newspapers, reporters, writers and politicians who "guest" on our forum. Most of my posts are written to them as the audience. I assume everyone here as a member is already on the same page on this issue.

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."

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I would say this is a "serious emergency". We are being invaded, and it is facilitated by Mexico. We need to stop the drugs, diseases, human trafficking and terrorists coming across our Border.

We have a corrupt country that we share a border with that is a direct danger to our country and our citizens and this border needs to be protected to prevent any future siege of thousands upon thousands of people coming across. This is happening Worldwide, massive illegal migration of all military age men, now they are gatherings in the 1000s to break through border fences.

Mexico has already said the will let the terrorists flood across our Border...I think that is a pretty serious statement. Not the mention to fact that they already have let them through.

I keep hearing over and over that this invasion from Mexico is all related to the Drug Cartels. I think the Drug Cartels are a part of the problem, but I believe it is a small part. I actually think the problem is a much larger and a much uglier problem. A problem that we as Americans have a hard time understanding or even addressing. It is a cultural issue. A issue that started before drug cartels.

Growing up in California around the hard working Mexicans, I would hear their comments about a class of Mexicans that they did not want anything to do with and they did not want here in the U.S. I didn't understand how they could talk about fellow Mexicans as if they were sub-humans until I lived in Ft. Bliss, El Paso, Texas in the early 70's. Being involved as a Girl Scout leader, I spent a lot of time in Mexico working with orphanages and the street kids. I had good intentions and felt for these kids that I thought were orphans, that didn't have parents. But as I became more and more involved I was sickened when I found out the truth. The truth was that these kids did have parents, but if they could not work or contribute to the family they were thrown away like garbage. Their parents belonged to a class of Mexicans that had little to no value on their children or family.

It was a big issue for Mexico, what to do with this class of Mexicans and their street kids. Over the years back in California, I have witnessed this same class of Mexicans invade our state. We are supposed to believe that they all come and have children here because they are such good families and just want the best for their children. But I do not buy this sob story? I believe that yes there are good Mexicans, but I still see a class of Mexicans that are using their children for their benefit. A way of gaming the system. I believe the children are the product, the drug that they are using for many Americans to get that good feeling. The drug that the activist and politicians are selling to the American public.

A perfect scam on the American public and very profitable for Mexico.

Same in India, same in Africa, same in the Middle East. These overpopulated countries have too many kids, they're a burden unless they can make money, and if they can't, they are throw-aways. It's not just Mexico, it's all over the third-world. That's why family planning is so necessary, why birth control should be available for the women and yes abortions, as early as possible. These women are trapped in breeding children they don't want, can't feed, and can't sustain. Americans saw that writing on the wall back in the 60's and took appropriate steps as did other developed countries. The third world didn't, hasn't and won't.

The drug cartels pay for it, they're behind the whole sad, tragic, disgusting mess because they make the money from it, the drug cartels don't just make their money from drugs, they make money from many criminal enterprises related to the corruption of their primary business which is the illegal drug trade.

Is the president allowed to mobilize National Guard for immigration raids?

MontereySherry wrote (excerpt):

I keep hearing over and over that this invasion from Mexico is all related to the Drug Cartels. I think the Drug Cartels are a part of the problem, but I believe it is a small part. I actually think the problem is a much larger and a much uglier problem. A problem that we as Americans have a hard time understanding or even addressing. It is a cultural issue. A issue that started before drug cartels.

I agree. The drug cartel don't explain why we have over 20 million illegals in the country, nor are they solely responsible for the problem. Maybe a few people want to assign the bulk of the problem on the cartels, but I, like you, don't agree with that assessment. It's just not that simple. Wiping out every drug cartel in Mexico and their branches here in the United States is not going to make our illegal immigration problem go away. It's just not going to stop folks from overstaying their visas or crossing our border illegally. They will keep coming and staying as long as we continue providing birthright citizenship, employment, healthcare access, school access, foot stamps and WIC for anchor babies, prenatal care for pregnant illegals, etc., etc., etc. Yes, the drug cartel are only a small part of the problem.