MILITARY BUILDING THE BORDER WALL
Is it legal for the military to be on the border? What can the military do legally on the border? Has the military ever been on the border before? Is our National Security at risk? Can we use Active Duty, Reserve and National Guard Military?
WHAT ARE THE LEGAL ISSUES: In the early years of the United States there were incidents involving use of the military by the US Government. In 1807 we had The Insurrection Act designed to quell rebellions. Following Civil War abuses by occupying Federal Troops and Carpet Baggers in the South, resulted in the law known as The Posse Comitatus Act. These two laws were to act in concert. The purpose and intent is to limit the use of Federal Military personnel to enforce domestic policies within the United States. To be clear these laws are aimed specifically at the active military except for the Coast Guard, which operates under the Homeland Security.
NATIONAL GUARD: These laws do not apply to the National Guard and the Air National Guard under state authority and does not apply to a National Guard unit when and if invited by an adjacent state. Adjacent is a matter of interpretation as units from Wisconsin have been in Florida, Texas, and Mississippi in recent years.
MILITARY LIMITED USE BUT IT HAS BEEN DONE: 1957 Eisenhower sent federal troops to Little Rock, Arkansas to support desegregation. Sep 1962 & June 1963, Kennedy mobilized National Guard Troops to integrate schools. Johnson mobilized the National Guard to assist with civil rights riots in Selma & Montgomery in 1965 and again in 1967 for the Detroit riots. Following the murder of Dr. Martin Luther King in 1968 Chicago, Washington D. C. and Baltimore saw mobilized NG Troops. Nixon mobilized troops to help with the New York Postal strike. Bush the elder, mobilized the NG to help stop looting following Hurricane Hugo in 1989 and again to help with riots in 1992 following the Rodney King verdict.
MILITARY ON THE BORDER: Bush the younger, mobilized the NG under OPERATION: Jump Start to help patrol the Southern border from May 2006 until July 2008. January 2010, Obama mobilized the NG under OPERATION: Phalanx which was the successor to Jump Start, Phalanx ended November 2016.
CAN TRUMP DO THIS: Yes this can be done, but it depends on what the mission is? We already have the United States Border Patrol (USBP) performing domestic border security. Their mission is to detect and prevent illegal aliens, terrorists and terrorists weapons from entering the United States, and prevent illegal trafficking of people and contraband into the United States. It is obvious the USBP failed their mission in several of these specified responsibilities, resulting in the current National Security crisis.
NATIONAL SECURITY: Do we have illegal aliens in this country? Do we have illegal contraband and drugs coming across the border? Do we have human trafficking? Can we answer yes to these questions? In my opinion yes! This is why the President must make the argument that this failure is a National Security issue.
WHAT TO DO: Use our military to build the wall and move horizontal and vertical engineer construction units onto our Southern Border to begin 24/7 construction. There are enough engineer units to do simultaneous construction from several locations moving in opposite directions. Stage the equipment to the designated construction locations along with the required support facilities for the troops and equipment. Troops for security will also be required to keep out protesters and saboteurs. When one unit gets done with their 12 hour shift the next unit takes over so the work continues day and night 24 hours 7 days per week.
NATIONAL GUARD + RESERVES + ACTIVE: Because this is a National Security issue and not just a domestic or local law enforcement issue, all forces can be used. National Guard and Reserve units (Army, Marine, Navy and Air Force) as well as Active Duty can be used to build the border wall. Engineer National Guard and Reservists would come down to work during their normal two weeks of annual training. Support and security for this operation would be performed by NG and Reservists during their two weeks of annual training augmenting active duty troops.
MILITARY UNITS: The National Guard has 151 company size engineer units and that does not include Battalion and Brigade Headquarter Engineer units. There are several hundred engineer companies in the Reserves (Army, Marine & Navy). Add to that active duty Army, Marine, Air force and Navy engineer units. We have a national emergency, and our military has always helped America in an emergency. This emergency requires immigration reform and one pillar in immigration reform is the wall.
FOUNDING FATHERS: The Founding Fathers required that four elements be satisfied for an immigrant to become an American citizen. These requirements were incorporated into the Naturalization Act of 1795. And remain a part of immigration law:
1 – Five years of (lawful) residence with in the United States;
2 – a good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order of happiness of the United States;
3 – the taking of a formal oath to support the Constitution and to renounce any foreign allegiance and
4 – the renunciation of any hereditary titles.