What's in that memo...
In a story from the Associated Press, they claim the administration of 45 is considering using National Guard troops to "round up unauthorized immigrants." You can read the text of the memo here.
The White House is denying that this is their intention and calling the memo "a very early draft." That could be true. This could have simply been General Kelly's idea and the memo was his 'trial balloon.' I doubt it, but that is a real possibility.
General Kelly is probably very familiar with the Posse Comitatus Act and that's why the memo was carefully crafted so that the National Guard troops would not be federalized. While under state control, using Guard troops would not be in violation of this law. The purpose of the law is to prevent the military from enforcing law in the civilian jurisdiction except in time of martial law.
The draft order makes reference to the 287(g) program. This is where it gets sneaky. General Kelly (or perhaps 45, if he directed this memo be drafted) is trying to stick the states with the bill for doing the federal government's job. We hear that immigration is the province of the federal government and the states have no business getting involved in immigration. Fine. A reading of one paragraph of 287 (g) is enlightening (the bolding is mine)
"Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law."
This is a way to avoid the biggest obstacle to engaging in a mass of deportations. The expense. During the campaign, 45 dismissed concerns about how the federal government would pay for the cost of rounding up and deporting illegal immigrants. Now we see how they intend to pay for it, by sticking states with the tab.
The White House denials that this is on their agenda ring hollow.
The White House is denying that this is their intention and calling the memo "a very early draft." That could be true. This could have simply been General Kelly's idea and the memo was his 'trial balloon.' I doubt it, but that is a real possibility.
General Kelly is probably very familiar with the Posse Comitatus Act and that's why the memo was carefully crafted so that the National Guard troops would not be federalized. While under state control, using Guard troops would not be in violation of this law. The purpose of the law is to prevent the military from enforcing law in the civilian jurisdiction except in time of martial law.
The draft order makes reference to the 287(g) program. This is where it gets sneaky. General Kelly (or perhaps 45, if he directed this memo be drafted) is trying to stick the states with the bill for doing the federal government's job. We hear that immigration is the province of the federal government and the states have no business getting involved in immigration. Fine. A reading of one paragraph of 287 (g) is enlightening (the bolding is mine)
"Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law."
This is a way to avoid the biggest obstacle to engaging in a mass of deportations. The expense. During the campaign, 45 dismissed concerns about how the federal government would pay for the cost of rounding up and deporting illegal immigrants. Now we see how they intend to pay for it, by sticking states with the tab.
The White House denials that this is on their agenda ring hollow.
posted by me at 10:07 PM
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