The Lawfare Podcast Lawfare Daily: How the Trump Administration is Using the Military to Enforce Its New Immigration Policies
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Jan 31, 2025 Chris Mirasola, an Assistant Professor at the University of Houston Law Center and former Defense Department lawyer, shares insights on the military's role in immigration enforcement during the Trump administration. He discusses controversial actions like transporting migrants via military flights and the proposal to detain migrants at Guantanamo Bay. Mirasola also delves into the legal complexities surrounding the Posse Comitatus Act and potential overreach in domestic military involvement, raising important questions about civil-military relations in the U.S.
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Initial Deployment Tasks
- The initial military deployment to the border involves tasks like detection, intelligence analysis, and logistics.
- These are similar to activities during prior administrations and are authorized under existing laws.
Posse Comitatus Restrictions
- The military's border activities are constrained by the Posse Comitatus Act, which limits their law enforcement roles.
- They can support civilian law enforcement but not directly engage in arrests or detentions.
Detaining Migrants on Bases
- Using military bases to detain migrants raises legal questions about the military's role in law enforcement.
- While there's precedent, it relies on an implied exception for maintaining order on bases and hasn't been fully tested.