The Wall - Going Military

[Dave70968]

The main duty of the military is to protect us from invasion. Standing guard on the border does just that.

The militia(the National Guard) can be called forth to enforce law per Article I, Section 8, Clause 15.

Woody

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

The Congress has "provided forth" certain restrictions, including the Posse Comitatus Act. It's not a blank check.

 

[MacFromOK]

The main duty of the military is to protect us from invasion. Standing guard on the border does just that.

Couldn't agree more.

 

[dennishoddy]

News reports just out are saying it will be National Guard troops, and they will not have contact with illegal immigrants.
Their mission will be to observe and advise the border patrol using visual and electronic means.

 

[dennishoddy]

does that have to do with maritime law?

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.
Interesting to note, the US Navy is not under the Posse Comitatus Act either.
The Navy has rules within its organization to limit itself and the Marine Corps to the same standards of the Act.

 

[Glocktogo]

I didn’t see any mention of the Coast Guard and their drug interdiction activities or intercepting illegal coming from Cuba. They do this as a daily activity, not because of an activation. IIRC they are a branch of our Military too.

Not in peacetime. They're a component of the Dept. of Homeland Security.

The United States Coast Guard (USCG) is a branch of the United States Armed Forces[6] and one of the country's seven uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the U.S. military branches for having a maritime law enforcement mission (with jurisdiction in both domestic and international waters) and a federal regulatory agency mission as part of its mission set. It operates under the U.S. Department of Homeland Security during peacetime, and can be transferred to the U.S. Department of the Navy by the U.S. President at any time, or by the U.S. Congress during times of war. This has happened twice, in 1917, during World War I, and in 1941, during World War II.[7][8]

 

[KOPBET]

The coast guard doesn’t fall under posse Comitatus.

Correct me if I'm wrong, but I believe Trump's plan was to deploy the NG under title 32 (e.g. under the control of the governor), thus also exempt from Posse Comitatus.

 

[Fyrtwuck]

News reports just out are saying it will be National Guard troops, and they will not have contact with illegal immigrants.
Their mission will be to observe and advise the border patrol using visual and electronic means.

FORWARD OBSERVERS.......YEAH.....GIT SOME.......

 

[Dave70968]

Correct me if I'm wrong, but I believe Trump's plan was to deploy the NG under title 32 (e.g. under the control of the governor), thus also exempt from Posse Comitatus.

That would require the governors to cooperate. Texas, Arizona, New Mexico, maybe; California, ain't happening.

 

[dennishoddy]

Correct me if I'm wrong, but I believe Trump's plan was to deploy the NG under title 32 (e.g. under the control of the governor), thus also exempt from Posse Comitatus.

That’s how I understand it. NG from any state can be used as long as thy are invited by the Governor of the host state.

 

[KOPBET]

That would require the governors to cooperate. Texas, Arizona, New Mexico, maybe; California, ain't happening.

Regardless, still Title 32 according to DHS Secy, in comments during the WH Daily Briefing today.