POTUS is only making a REQUEST that the governors send the National Guard to the border. His EO cites Title 32, which essentially allows the federal government to pay for the deployment but leaves the state governors in charge. That's the same Title used by Bush and Obama when they wanted National Guard troops sent to the border. The governors are free to refuse the request - which is exactly what CA governor Jerry Brown did in 2014 - and can also determine what it is their National Guard troops can do as far as helping law enforcement is concerned. It's expected that CA will again refuse the request, and the governor of Oregon has already said they won't comply if asked to.
POTUS can only completely control the National Guard under Title 10, which involves federalizing the troops. If he does that, the troops cannot be used for law enforcement on American soil due to the Posse Comitatus Act.
All this begs the question of why we need troops on the border in the first place - net immigration on the southern border has been zero for years. ICE has quietly closed detention centers near the border because they don't need them. What exactly is the military going to do that the Border Patrol isn't already doing? |
