Quote:If you're referring to the Posse Comitatus Act, I think that is being misinterpreted.  You can't use the military to enforce US Federal Law on it's own citizens.  This came about when the Army of the north was enforcing policy on the states in the south.  They passed Posse Comitatus to restrict limit usage of the Armed Forces on it's own citizens.  If the military were expressly dealing with foreign citizens, it would fall perfectly within their jurisdiction.  Think of it this way, if there was a suspicious jet crossing the border, would you expect border control to have it's own fighter jets that scrambled to see if it was on the up and up?  Any foreign entity that is crossing into the border illegally could be considered an invading force.  It falls perfectly within the parameters of the US Army to deal with such an issue.

 

Even if we assume everything I have said is incorrect, the Act only refers to the Army and Air Force.  Even if the Navy abides by it as well, the Army and Air National Guard and Coast Guard are free to patrol the border.  There are plenty of troops that could be utilized to help patrol the border.

 

The only issue with this, that I can see, is US citizens crossing the border and having to deal with the military.  This could be resolved by integrating the current Border Patrol and local law enforcement as the units that deal with US citizens.  I do agree that the military would not be able to ask for papers once people have come into the country (this is where integration comes in).  That could all be done without the consent of congress.

 

That said, it also provides exceptions to the Act if congress passes a law.  I still think it would be more efficient than building a wall.

PCA is only part of it, but is still the central issue. Border security is a law enforcement matter overseen by DHS and none of those entities are considered LEOs in that regard. Yes, it's been done before, but now that DHS and Customs considers any spot within 100 miles of an entry point to be their jurisdiction I'm not comfortable with the idea at all. Giving the military or National Guard detention powers in San Diego or Ft Lauderdale? No thanks.

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