Monday, June 18th, 2018

GAO on Militarizing the Southern Border

"GAO found challenges for the National Guard and for active-duty
military forces in providing support to law enforcement missions. For
example, under Title 32 of the United States Code, National Guard
personnel are permitted to participate in law enforcement activities;
however, the Secretary of Defense has precluded National Guard forces
from making arrests while performing border missions because of concerns
raised about militarizing the U.S. border. As a result, all arrests and
seizures at the southwest border are performed by the Border Patrol.
Further, DOD officials cited restraints on the direct use of active duty
forces, operating under Title 10 of the United States Code in domestic
civilian law enforcement, set out in the Posse Comitatus Act of 1878. In
addition, GAO has reported on the varied availability of DOD units to
support law enforcement missions, such as some units being regularly
available while other units (e.g., ground-based surveillance