The Lawfare Podcast Lawfare Daily: Deploying the Military at the Southern Border, with Chris Mirasola
Nov 26, 2024
In this discussion, Chris Mirasola, an Assistant Professor of Law at the University of Houston Law Center, delves into the legal intricacies of deploying military forces at the U.S. southern border. He explores the ramifications of declaring a national emergency for immigration enforcement and the controversial use of the National Guard in law enforcement roles. Mirasola emphasizes the historical context and legal frameworks surrounding military involvement, while raising concerns about the implications for civil liberties and the potential normalization of military actions in domestic affairs.
AI Snips
Chapters
Transcript
Episode notes
Existing National Emergency
- A national emergency concerning border enforcement already exists.
- Military support for border enforcement has been the status quo for two decades.
Trump's Plan: A Shift in Military Role
- Trump's plan involves a more robust military role, including direct law enforcement actions.
- Traditionally, the military at the border has primarily performed detection and monitoring, not arrests.
Posse Comitatus Loophole
- The Posse Comitatus Act restricts military use for law enforcement, but a loophole exists for National Guard in hybrid duty status.
- This loophole allows National Guard to perform federal missions with state status, bypassing the act entirely.