Posted on 01/29/2007 7:45:14 AM PST by nopendejos
PHOENIX — Advocates for tougher immigration enforcement plan to confront the commander of the Arizona National Guard about why troops backed off recently as gunmen approached their post near the Mexican border. Maj. Gen. David Rataczak is to testify today before the Legislature's homeland security committee in a hearing about the Jan. 3 encounter at an observation post. While National Guard officials and supporters say the troops did as they were supposed to, critics question the point...
(Excerpt) Read more at azstarnet.com ...
Do you (or any of the FR community) know how far into the United States the armed men penetrated before eventually returning to the border?
Why question the National Guard,they only did as they were told.
If they had been told to stop these people by force of arms, i dont doubt they would have done so. They would have shot hell out of these Mexicans.
Our government sent them there to do nothing so thats what they did.
It needs to be legal for NG and US Customs/Border Security to use deadly force to prevent violation of the border.
I don't support extralegal shootings, so change the rules.
They can use deadly force legally at certain defence installations, Fort Knox, the White House, why not at the frontier?
ping
NG troops can, when authroized by State law, enforce State criminal laws when they are on State Duty (as opposed to Federal Duty). Do States have laws against crossing international borders, or entering the United States in violation of United States law? No. Those are Federal concerns, and States do not legislate about them.
NG troops may not enforce criminal laws while on Federal Duty, unless the President has declared that an emergency exists because, say, a group of individuals has conspired to successfully thwart the enforcement of Federal laws in the border areas.
The Federal Government has zero plans to ever make border/immigration control a matter for the States, so NG troops on State Duty cannot enforce immigration laws.
George Bust has zero plans to admit that we have lost control of the border, and declare a state of emergency, so NG troops on Federal Duty cannot criminal laws against civilians at the border.
That leaves the NG as, as was said above, window dressing.
The first question should be, "What were your orders for this sort of situation, and who gave those orders to you?"
I don't know exactly how far (the Guards position would have been fairly close) but, there have been over 200 of these events (including some that were filmed) and no one has lifted a finger. I hope somebody gets some answers and makes them public.
Does anyone have information on whether or not this is/was televised?
"This happened because under posse comitatus the NG cannot generally act to enforce criminal laws against civilians."
Anybody have the *posse comitatus* act on hand. I'm almost sure it only applies to OUR citizens.
200! Are these total incidents involving armed groups crossing over from Mexico or just those involving the NG/Border patrol?
Wow!
The incident in Arizona (subject of the article and the legislative hearing) is the first and only incident I have read about involving the NG. (Although I have read of other incidents with the Border Patrol and local PDs.)
As far as I know, this is the only *major* incident involving the NG.
If you remember, a few years back, there was a case of a teenager who was killed after pointing a rifle at Marines who were stationed at the border. That incident probably weighs heavy in the ROE on the border, this time around.
18 USC § 1385. Use of Army and Air Force as posse comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
Thanks, I should have Googled it myself. LOL! You're absolutely right about the Admin. They have NO intentions of controlling the border beyond this *dog and pony* show.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.