Is it against the law for Trump to use the military to deport illegal migrants? Maybe not

[rangerrebew]

Is it against the law for Trump to use the military to deport illegal migrants? Maybe not
By George Fishman
Published Nov. 21, 2024, 7:36 p.m. ET
 
Critics of President-elect Trump’s plan to enlist the military to help deport illegal immigrants claim it will violate the Posse Comitatus Act of 1878. But that might not be the case.

The 146-year-old PCA says that “except [as] expressly authorized by the Constitution or Act of Congress,” whoever “willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus … to execute the laws shall be fined … or imprisoned.”

At least one federal court has ruled that the PCA “makes unlawful the use of federal military troops in an active role of direct law enforcement by civil law enforcement officers.”

But the Supreme Court has never so concluded, and this conventional wisdom may very well be wrong.

 https://nypost.com/2024/11/21/opinion/is-it-against-the-law-for-trump-to-use-the-military-to-deport-illegal-migrants-maybe-not/

[rangerrebew]

Abraham Lincoln operated initially without congressional approval to use the military in the Civil War.

[Free Vulcan]

Every state has a National Guard that can be activated, many have state militias as well, plus state patrols and sheriffs. The personnel is there to not need the military and violate the PCA.

Now going after the cartels in Mejico, oh yeah.

[libertybele]

I say No.  Non-citizens aren't entitled to American rights under the U.S. Constitution. Secondly they have invaded our country and have broken our laws.  So  --- deport them ALL!!!

[The_Reader_David]

Plainly it is illegal to use the military to directly round up criminals of any sort (including those in the US in violation of our immigration laws), since in that case they would be acting as posse comitatus. The problem is the exact meaning of the phrase following that plain prohibition, "or otherwise to execute the laws."  Precedent seems to suggest that providing logistical support for law enforcement does not violate that clause, but you can bet your bottom dollar that some hotshot Democrat lawyers will try to find a way of giving someone standing to sue seeking an injunction to block logistical support from the military for anything Trump does domestically.

[libertybele]

Plainly it is illegal to use the military to directly round up criminals of any sort (including those in the US in violation of our immigration laws), since in that case they would be acting as posse comitatus. The problem is the exact meaning of the phrase following that plain prohibition, "or otherwise to execute the laws."  Precedent seems to suggest that providing logistical support for law enforcement does not violate that clause, but you can bet your bottom dollar that some hotshot Democrat lawyers will try to find a way of giving someone standing to sue seeking an injunction to block logistical support from the military for anything Trump does domestically.

?? @The_Reader_David   They have invaded our country and should be considered our enemies.  Certainly our military can be used to defend our homeland for our enemy.