1,500 active-duty troops being sent to southern border ahead of expected migrant surge
S E E D E D C O N T E N T
The Department of Defense plans to send 1,500 additional active-duty troops to support the security mission along the U.S.-Mexico border for a temporary three-month period ahead of an expected surge of migrants with the end of Title 42 restrictions on May 11, according to U.S. officials.
They will join 2,500 National Guard members already there on an active-duty status assisting Border Patrol agents with ground-based detection and monitoring.
The new troops will also help with data entry, and warehouse support.
While some might be armed for self-defense purposes, they will have no direct role in interacting with migrants at the border, according to multiple officials.
"They will not be performing law-enforcement functions or interacting with immigrants or migrants," White House press secretary Karine Jean-Pierre said on Tuesday.
The move comes after an executive order from President Joe Biden last week that authorized the secretaries of the Department of Homeland Security and DOD "to order to active duty such units and individual members of the Ready Reserve" to better respond to the "the unusual and extraordinary threat to the national security , foreign policy, and economy of the United States posed by international drug trafficking.
The 1,500 additional troops will be from the active-duty military, not from the National Guard or reserves, at least initially, according to the official.
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While I'm all for increased border protection as described by the U.S. Constitution ( Article IV, Sec. 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), at least Biden is FINALLY admitting that there actually "may be" some issues with our southern border.
However, I am concerned in his method of handling it. Under the Posse Comitatus Act ( ) the law generally prevents the president from using the military as a domestic police force.
The Posse Comitatus Act consists of just one sentence: “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.”
In practice, this means that members of the military who are subject to the law may not participate in civilian law enforcement unless doing so is expressly authorized by a statute or the Constitution .
Congress has not authorized, by statute/Act, nor does the Constitution authorize this action.
But - hey, go for it Joe.
Nah - I guess he won't serve jail time with his other family members - after all, he is protected by the Dems.
I don't see the problem since this has been done many times before.
Has Biden's horrible handling of the border caused any of those to occur?
Have any of those occurred naturally?
Former President Donald Trump first ordered National Guard troops to the southern border in April 2018 and added active-duty personnel to the mission about six months later and the manning only "supposedly" reached 4,000 personnel - National Guard and Active Duty. which was later reduced to 3,000.
The Department of Defense (DoD) has a long history of supporting efforts to secure U.S. borders. Since the early 1990s, DoD has supported civilian law enforcement agencies’ border security activities including counterdrug, counter transnational organized crime, and other transnational threats. The scope and magnitude of the support provided today is similar to the support provided during the Bush, Obama and Trump administrations.
Military personnel do not directly participate in civilian law enforcement activities. The duties performed by military personnel include detection and monitoring, logistics, and transportation support that enhances CBP’s ability to impede or deny illegal crossings, maintain situational awareness, and apply the appropriate law enforcement response in support of its overall border security mission.
Up to 4,000 service members, primarily sourced from the National Guard, are authorized to support the CBP’s border security mission along the southwest border, including personnel supporting in place from their home stations. The number of forces fluctuates as units rotate in and out of the operation.
Kinda curious though of what their definition of " apply the appropriate law enforcement response" is 'cause, to provide/apply "appropriate law enforcement response" would require interfacing with Illegal Aliens, right?
So, what about the U.S. Coast Guard? The USCG performs law enforcement duties within the borders of the United States.
The law enforcement functions of the Coast Guard have been expressly authorized by act of Congress and consequently cannot be said to be contrary to the act. The act probably only applies within the geographical confines of the United States, but supplemental provisions of 10 U.S.C. §§ 271-284 appear to apply worldwide.
The U.S. Coast Guard is under the Department of Homeland Security rather than the DoD, except when federalized by Congress in time of war or national emergency and therefore do not fall under the restrictions of the Posse Comitatus Act. As such they are a law enforcement branch rather than a military one.
So... What you're saying is that these troops shouldn't be sent to the border?
Not necessarily -
Last revised in 1947 in conjunction with the National Security Act that created the Air Force and our modern national security bureaucracy, the PCA’s day-to-day application is more heavily governed by regulations and court opinions than by the statute itself. Department of Defense regulations, for example, cite 14 specific statutes ( ) authorize the armed forces to participate directly in law enforcement matters. And even where it does squarely apply, the PCA only prevents federal military forces from exercising a direct role in law enforcement, such as making arrests and searching or seizing people or property. The PCA does not restrict federal military forces from providing indirect assistance, such as providing logistical support to local law enforcement entities. Further, federal military forces may directly participate in law enforcement matters when performed primarily for a “ military purpose .” , the PCA itself does not provide a bright line between direct and indirect assistance, much less define “military purpose” or say anything about militarized federal civilian troops.
Basically, the correct answer was my favorite in law school - "It depends".
So... Two whole paragraphs of legalese calisthenics and all you can come up with is "it depends"? What do YOU think?
Steevie - when ANY President does anything of this nature, rational minded folks ask the questions as to "why".
What's the threat? What's the purpose? Are the troops just fodder or are they going to be $30.00 per hour clerks or are they actually going to be used for physical law enforcement support or are they for show - and will it all come down to "one/some" of the exceptions listed in the specific statutes listed?
What do I think? Showboat time 'cause Congress won't allow any physical law enforcement unless THEY create the new exception.
In addition, according to what I just read that I was not aware of, is the PCA restrictions only apply to the Army and Air Force, but not the Navy or the Marines.
They won't be used for anything other than support like they have in the past. This is nothing more than a political move to say they did something. Same as every other Adminsitration who's done it.
Hmmm.
I wonder how many times it happened in prior Administrations just after the WH Press Secretary lied that illegal immigration is down 90%?
I don't really care about the left wing partisan circle jerk any more than I do that it triggered the right wing partisans.
Lots of words when you could have just typed "I don't know".
Lots of words when you could just "stop trolling".
So you still don't know.
Alrighty then!
Wow, isn't this a rather stunning reversal from the Biden/Harris Admin. who has long insisted that the border is secure and that they have a handle on it?
Didn't that imbecile Press Secretary make the claim illegal immigration was down 90%
She actually "meant" illegal immigration "deportations" were/are down 90%.
Of course the deportations are down. Biden has been flying them all over the country since he took office.
It's hard to deport somebody when you ship them off to antoher part of the country then loose track of them. You know, like they have 85,000 CHILDREN.
So, Biden is deploying active duty troops to the southern border to fight a war on drug traffickers but prohibits the military from engaging and confronting the drug traffickers. Using active duty military personnel for clerical work won't accomplish much. Biden staging a military parade down K Street would do as much to address the surge in illegal immigration. How much is this 'do nothing' political stunt going to add to the Federal debt?
Biden is spending money like the debt limit doesn't matter. Just write another blank check and everything will be fine. Blaming Republicans won't make things any better if the Federal government defaults. And disparaging Republican concerns over fiscally irresponsible spending won't justify Biden's blank check spending.
Just another meaningless pilitical gesture on Biden's that he can point to and say "I did that!".
Biden is clueless regarding the border.
I find it strange that the Biden Admin. is spending money on added labor on the border all while giving a group millions to help illegal aliens.
They won't be there to enforce the border.
They will be used to put up tent cities; give medical aid; process paperwork; and help shuttle people around for the massive overflow of illegals expected after Title 42 expires.
ey will not be performing law-enforcement functions or interacting with immigrants or migrants," White House press secretary Karine Jean-Pierre said on Tuesday.
That should solve the problem. Joey, you are doing a heckuva job!
Pretty simple, activate the National Guard.
Posse Comitatus issues resolved.
The National Guard is a creature of both state and federal law, a condition which as the militia it has enjoyed since the days of the Articles of Confederation. The courts have said that members of the National Guard when not in federal service are not covered by the Posse Comitatus Act. Similarly, the DOD Instruction is only applicable to members of the National Guard when they are in federal service.
So, if the National Guard is called up by the Feds, wouldn't they be working under "federal service"???
Good point but easily handled. Not unlike when the NG is called up to help with natural disasters. They get activated at the State level by State officials.
Then what exactly is the point of them?
Fodder to calm the negative nervous reactions of "Oh no, gasp, the MILITARY is here. Now we can get everything under control".
Didn't work with Bush or Trump - doubt that it will work for Joe.
To help make it easier on the illegal aliens entering the country.
It's all about the optics. The American people will think Joe is doing something to avoid the coming onslaught and maybe some will be intimidated into not coming.
It's beyond insulting.