Yes, the President Can Deploy Troops To Enforce Immigration Law
By Patrick O'Malley & Joe Buccino
December 03, 2024
President-elect Trump’s confirmation last month of his plan to deploy military assets for immigration enforcement sparked a constitutional debate. Legal scholars and commentators quickly declared such action forbidden by long-standing prohibitions on military involvement in domestic law enforcement. But this conventional wisdom misreads both the letter and spirit of American law. A careful examination of a pair of longstanding statutes reveals military support for immigration enforcement is permissible.
The issue hinges on two 19th century laws: the Posse Comitatus Act of 1878 and the Insurrection Act of 1807. When properly understood, both allow the President to use active-duty military forces to support the deportation of illegal immigrants.
Posse Comitatus: A Firewall Between the Military and Law Enforcement
Since our nation's founding, Americans have been wary of standing armies and their role in civilian affairs. Concerns about military involvement in domestic law enforcement dates back to colonial experiences under British rule, particularly the quartering of British troops in civilian homes and their use to enforce British law. This experience was so troubling that it influenced several key elements of the Constitution and Bill of Rights.
https://www.realcleardefense.com/articles/2024/12/03/yes_the_president_can_deploy_troops_to_enforce_immigration_law_1075917.html
