Military at the border??

[Chucko]

I would have done this 25 years ago. If the Border Patrol can't stop the flow, the military should be able to. I just hope they won't continue the catch and release policy. Catch them and across the border they go. That should be all the due process they get.

But, maybe this is just a bargaining chip by Trump to get a wall going.


http://www.foxnews.com/politics/2018...-be-built.html

President Trump on Tuesday said that the U.S. will secure the southern border with the military until a wall can be built, calling the move a “big step.”

Trump made the remarks during a meeting with Baltic leaders, where he said he had discussed the matter with Defense Secretary Jim Mattis.
“Until we can have a wall and proper security, we’re going to be guarding our border with the military,” he said. “That's a big step, we really haven’t done that before, or certainly not very much before.”

At a news conference later, he confirmed the plan, saying the border is unprotected by "our horrible, horrible and very unsafe laws."

"We don't have laws, we have catch-and-release," he said. "You catch and then you immediately release and people come back years later for a court case, except they virtually never come back."

Trump did not offer specifics, but the move appears to be at least partly motivated by a caravan of over 1,000 Central American migrants heading toward the U.S. border. Buzzfeed, which first reported on the caravan, said that Mexican officials had not yet attempted to stop the flow.

[Ret10Echo]

I have sat through the day-long legal brief on JTF-6 missions on the border.

Bad idea... Posse Comitatus Act violations will result in service members being charged criminally.

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

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.)

[bblhead672]

Couldn't the military be used under the Insurrection Act ?

The Insurrection Act of 1807 is a United States federal law (10 U.S.C. §§ 251–255) that governs the ability of the President of the United States to deploy military troops within the United States to put down lawlessness, insurrection, and rebellion.

[Ret10Echo]

Why would we want to establish a precedence for active military operations domestically?

Bad idea

Knife cuts both ways.



I'm not a lawyer


These guys are

[7624U]

NG Regulations 500-5
http://www.ngbpdc.ngb.army.mil/pubs/...angi10_208.pdf

5-4. Border Security Operations (BSO)
a. Thirty-nine of the fifty-four states and territories with National Guard forces possess a land and/or sea
territorial border. As such, National Guard border security-related activities occur on a regular, although typically
temporary basis.
b. Key to National Guard border security operations is the support provided to LEAs in the detection of
transnational threats desiring entry to the homeland by land, maritime, or air conveyance along the northern,
southern or maritime borders. Additional support activities include, but are not limited to: training, technical
support, services, intelligence analysis, surveillance, the installation of communications towers, permanent and
temporary vehicle barriers, and pedestrian fences.
NGR 500-5/ANGI 10-802 August 18, 2010
14
c. The NGB Border Security Operations (BSO) Branch serves as the NGB’s channel of communications
between federal, state and local authorities participating in border security law enforcement operations; monitors
domestic border-related activities; works with interagency partners on related matters; and develops future initiatives
that support the National Guard and its role in border security/homeland security, and homeland defense operations.

10-3. Title 32
a. Article 1, Section 8 of the Constitution authorizes the National Guard to operate under state control but in the
service of the Federal Government. This provision for state forces to operate in the service of the Federal
Government is unique to the National Guard and is codified under the authority of Title 32 U.S. Code. When
conducting domestic law enforcement support and mission assurance operations under the authorities of Title 32,
National Guard members are under the command and control of the state and thus in a state status, but are paid with
federal funds. Under Title 32, the Governor maintains command and control of National Guard forces even though
those forces are being employed “in the service of the United States” for a primarily federal purpose. Chapter 9 and
Section 502(f) of Title 32 provide specific guidance related to “homeland defense activities” and “other duty”
missions, enabling Governors access to federal funding for domestic missions including law enforcement support
and mission assurance operations.

Just have to get Homeland security to ask for assistance and tell the states we will fund more then just the use of your troops.
nothing new https://www.nytimes.com/2014/07/25/u...est-power.html

[Chucko]

Originally Posted by Ret10Echo

Why would we want to establish a precedence for active military operations domestically?

Bad idea

Knife cuts both ways.



I'm not a lawyer


These guys are

We can help other countries defend their borders, why can't the NG defend ours against threats especially if the border Patrol is getting overwhelmed by outsiders.

We listened to lawyers during the last administration and I am sick of them.

[Ret10Echo]

Originally Posted by Chucko

We can help other countries defend their borders, why can't the NG defend ours against threats especially if the border Patrol is getting overwhelmed by outsiders.

We listened to lawyers during the last administration and I am sick of them.

National Guard changes the discussion. Active Military I disagree with. YOMV. That's not a legal perspective, that's a "been there" perspective.

[doctom54]

Put our guys a kilometer inside Mexico and the Posse Comitatus act doesn't apply.

BUT

How about this. We round up all the Mexican Generals. Tell them we are putting say $100 million dollars in a Swiss Bank account. At the end of year it is all theirs EXCEPT we take out $10,000 for everyone who makes it across the border.
They can do the math and will figure out real quick it is in their best interest to not let anyone illegal across.

[Sdiver]

Hell, why not put veterans down there?
Just keep 'em supplied with Bacon, Bourbon and cigars, and I'm sure you'd see the invasion ... errr ... influx of illegals go way down.

Hell, if they're not going to use 'em at schools to protect kids, why not put 'em at the border to protect all of us?

[mojaveman]

I seem to remember the USMC doing some type of border surveillance operations twenty years ago and they ended up killing an innocent young sheepherder. The incident caused an uproar in the media.

Probably not a good idea for active duty military.

[EricV]

Wilmington Delaware was occupied by the Delaware National Guard for something like 9 months after MLK got shot. Governor Terry was a Southern Democrat BTW. He had Delaware State Troopers involved in the patrols for Use of Force issues. Not only did the rioting stop, but crime was down big time for 9 months.

Call up the Texas NG and get Texas Rangers involved for Use of Force issues. Liberals will howl like they did in Delaware but who cares??

[Mustang Man]

How about private contractors?

We already used them as a loop hole over seas as they are not military, might as well put them on the border and have our troops do the real overseas work.

[ddoering]

Originally Posted by bblhead672

Couldn't the military be used under the Insurrection Act ?

In Sacramento? Yes.

[Team Sergeant]

Originally Posted by Ret10Echo

Why would we want to establish a precedence for active military operations domestically?

Who said it was going to be AD?

You know the drug cartels are pissed as are then "American" border town police and politicians who take the cartel bribes.

[Joker]

Who said they are there to arrest someone?