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To: WhatNot
Is it illegal to use the National Guard to round up the illegals?

If they are federalized under Title 10 and fall under the command of the President, then posse comitatus would apply.

If they remain under command of their respective governors, then it's perfectly OK.

(Having said that, posse comitatus is just a statute. The Republican Congress could temporarily waive it by statute...and pigs could fly)

16 posted on 02/17/2017 8:21:34 AM PST by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: markomalley
Would Posse Comitatus apply? I am not so sure. These are Federal Immigration laws they are enforcing.
20 posted on 02/17/2017 8:23:59 AM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: markomalley
Perhaps this is the year of the flying pigs.

 photo pigs_zpsjlt6sudc.png

43 posted on 02/17/2017 8:41:21 AM PST by WhatNot (The Gospel doesn't promise the American dream, it promises Eternal life in the Kingdom of God.)
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To: markomalley

Even if there are posse comitatus obstacles, the militia, when called up, is constitutionally designated (art. 1, sect. 8, paragraph 15) for use in repelling invasions, enforcing the law and putting down insurrections.


81 posted on 02/17/2017 10:09:47 AM PST by LibWhacker
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To: markomalley

No Posse Comitatus problem as they would be assisting federal LEOS (ICE) enforce Federal law


82 posted on 02/17/2017 10:12:32 AM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: markomalley
then posse comitatus would apply

I'm pretty sure when Eisenhower federalized the Guard to assist in integrating schools in Arkansas, it was explicitly justified on the grounds that local authorities were unwilling or unable to enforce federal law.

85 posted on 02/17/2017 10:25:10 AM PST by LibWhacker
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