Active-Duty US Troops "Close to breaking Posse Commitatus Law"

Active-duty U.S. troops are now just feet away from migrants in Texas

WASHINGTON — Active-duty U.S. troops are now stationed inside the Border Patrol's holding facility in Donna, Texas, and monitoring migrant adults and children from just a few feet away, according to two current and two former defense officials, a move a congressman says comes close to violating a 140-year-old federal law.

...Despite past assurances from federal officials that the active-duty U.S. troops deployed to the border would not be in direct contact with migrants or be used for law enforcement, the service members stand watch among the migrants. The troops are perched on raised platforms throughout a large room where the migrants are held, according to the four officials.

...The troops were assigned to the facility to provide welfare checks on the migrants, but the officials say that has evolved into a continual presence watching over them.

So, this is an interesting development.

A couple of months ago, I was indeed suggesting that troops should be "deployed" but had qualms about staying on the right side of Posse Comitatus.

It appears that POTUS has now seen troops sent to Texas - initially to provide "welfare checks". But that's changed now.

Do you think we're gonna see more of this? Greater troop presence in southern states?

The troops aren't armed though:

The troops are not armed and are supposed to refer problems to CBP officials rather than interact with the migrants, say the officials, but they are permitted to respond to situations that require immediate medical attention.

Active-duty troops are barred from performing law enforcement functions inside the U.S. by the Posse Comitatus Act, a federal law enacted in 1878 that prohibits the government from using military forces to act as a police force within U.S. borders.

a reply to: AnakinWayneII

They are providing medical aid and well being checks. . That is not against any law. .

We should set up concertina wired tent cities for them on the Mexico side of the border.

Problem solved.

Where Congress Stands On the Posse Comitatus Act - Updated May 25, 2019

On Oct. 25, 2005,

the House of Representatives and Senate enacted a joint resolution (H. CON. RES. 274) clarifying Congress' stance on the effect of the Posse Comitatus Act on the use of the military on U.S. soil. In part, the resolution states "by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency."

Not exactly as cut and dry as presented in the OP

Maybe if Congress got off its collective spineless, inept asses and quit punting this football down the field...then there would be no need of ANY troops. And i like William Munny's advice.. well....he shoulda armed himself.

a reply to: AnakinWayneII

The Posse Commitatus Law covers the actions of the US Military towards US citizens.

I am just going to assume that the "asylum seekers" are not, in fact, US citizens.

The writer of the article is an idiot.

a reply to: AnakinWayneII

I got no problems with the military on the border, anyone that does have a problem with it doesnt want a secure border. Anyone who is for illegal immigrants doesnt want a secure border and is very anti-American. Just cause we are a country founded by immigrants doesnt mean anyone can come. We are also a country based on laws and our law makers are forgetting this.

a reply to: Lumenari


The Posse Comitatus Act makes no differentiation on the actions of military personnel performing policing functions vis a vis citizens versus non-citizens.

10 U.S.C. § 275. Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

originally posted by: Lumenari
a reply to: AnakinWayneII

The Posse Commitatus Law covers the actions of the US Military towards US citizens.

I am just going to assume that the "asylum seekers" are not, in fact, US citizens.

The writer of the article is an idiot.

Nice, good point.

originally posted by: Lumenari
a reply to: AnakinWayneII

The Posse Commitatus Law covers the actions of the US Military towards US citizens.

I am just going to assume that the "asylum seekers" are not, in fact, US citizens.

The writer of the article is an idiot.

Yes, but AugustusMasonicus does make a good point above. Differentiation?

originally posted by: AugustusMasonicus
a reply to: Lumenari


The Posse Comitatus Act makes no differentiation on the actions of military personnel performing policing functions vis a vis citizens versus non-citizens.

10 U.S.C. § 275. Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

Immigration is not considered policing.

Try again.

This only applies if you believe they are performing law enforcement duties. As far as I'm concerned it's an invasion and the military should be there and should be armed to the teeth.

Tanks, drones, mortars.....all of it.

Couple thousand dead invaders and the flow will drop to a trickle.

Make no mistake it is an invasion.

Also, these are foreign nationals not american citizens so I dont believe PC applies to them.

originally posted by: Lumenari
Immigration is not considered policing.

Try again.

You said:

The Posse Commitatus Law covers the actions of the US Military towards US citizens.

Quote the relevant section of the act that cites citizens versus non-citizens.

originally posted by: Lumenari
a reply to: AnakinWayneII

The Posse Commitatus Law covers the actions of the US Military towards US citizens.

I am just going to assume that the "asylum seekers" are not, in fact, US citizens.

The writer of the article is an idiot.

And also has extremely severe "TDS", he needs to see a vet asap!!

originally posted by: AugustusMasonicus

originally posted by: Lumenari
Immigration is not considered policing.

Try again.

You said:

The Posse Commitatus Law covers the actions of the US Military towards US citizens.

Quote the relevant section of the act that cites citizens versus non-citizens.

Let's just skip to the latest joint resolution then...

(H. CON. RES. 274

Whereas nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President’s obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.

Good enough... or are we going to redefine what the word "is", is?

Yep, they're armed....just not on their right hip....

a reply to: Lumenari


Not seeing where it says anything about citizens and non-citizens, can you bold that part? I mean, that's what you claimed, right?

a reply to: AnakinWayneII

Cuz this has never happened before.....

www.pbs.org... we

a reply to: AnakinWayneII

Sounds like it's going into mission creep. But it's not there yet.

What I would be asking is, we are now paying somewhere in the area of $775 (in contrast prisons run $150 per day do house an inmate) per day to hold, by some counts 52K immigrants. Somewhere around $40 million per day. Why aren't the detention facility contractors providing people to do this work? Sounds to me like they are getting paid to detain people. Then getting free employees, our troops, to do something they should be covering.

This is some serious government waste of money going into someones pocket.