Why put them on the borde? They will have no authority whatsoever to apprehend or detain illegals. They won’t even be allowed to repel Mexican Cartel paramilitaries
Point well taken.
Border-crossers are now seeking out "the green uniforms" and essentially surrendering to them. They want to be taken into custody.
They know that Obama's policy of "deferred action" means that, in time, they'll be released into the population and told to return for a court date. Fat chance.
In particular, the Unaccompanied Alien Children (UAC) from countries other than Mexico cannot be refused entry. By law, they must be taken into custody -- where they become subject to "deferred action".
What are the National Guard...or State Guard...or DPS...or county sheriffs to do? Other than assist the BP in rounding up the border-crossers? Under current law, they cannot repel them.
Incorrect. Unless they are activated under Title 10 the State has authority to direct Guard forces in support of law enforcement activities. A State can authorize the State National Guard to enforce state law, if the States law allows it.
3-2. State Policy
State laws and policies govern the use of National Guard Soldiers and Airmen in support of domestic law
enforcement support and mission assurance operations while serving in state active duty and US Code, Title 32
statuses. State laws and policies authorize National Guard members in either Title 32 or state active duty (SAD)
status to support law enforcement agencies and are implemented through state plans and policies. As most National
Guard operations in support of law enforcement and mission assurance are conducted in a non-federalized status, a
clear understanding of applicable state policies is critical to mission success. It is strongly recommended that state
commanders receive a legal briefing addressing state specific laws, policies, directives and executive orders from
their Judge Advocate General prior to conducting domestic law enforcement support and mission assurance
operations within their respective states.
NGR 500-5/ANGI 10-802 August 18, 2010
4
a. Criteria for the use of the National Guard operating in a state status in support of domestic law enforcement
and mission assurance operations are defined within the laws, policies, directives and executive orders that govern
the specific state in which operations are conducted.
b. Department of Defense policies and directives do not address National Guard assets in a non-federalized
status conducting state operations approved by the Governor in support of local and/or state civil authorities.
However, there exists potential for such state operations to result in confrontation, use of lethal force, or national
media attention. Therefore, the Adjutants General shall inform the Chief, National Guard Bureau (CNGB) of such
support. The CNGB shall then inform the Secretary of Defense, Chairman of the Joint Chiefs of Staff (CJCS), and
the Joint Director of Military Support (JDOMS).