Diogenes
Nemo me impune lacessit
President Trump has said he will use a declared national emergency to facilitate the deportation of the millions of criminal illegal aliens.
Some say that's forbidden under the Posse Comitatus Act (PCA)of 1878.
Who's right?
Here's what I've learned.
The PCA does not categorically prevent the US military from providing some support functions during domestic emergencies.
What IS allowed under PCA:
What's NOT allowed under PCA:
Some say that's forbidden under the Posse Comitatus Act (PCA)of 1878.
Who's right?
Here's what I've learned.
The PCA does not categorically prevent the US military from providing some support functions during domestic emergencies.
What IS allowed under PCA:
- Military support functions like logistics/transportation, engineering/construction, medical support, communications assistance, equipment loans, technical advice, search and rescue.
- National Guard units under state control are allowed to assist when under the State Governor's command, even if federally funded.
- Military units can perform indirect law enforcement duties.
What's NOT allowed under PCA:
- Direct law enforcement by federal military personnel (except the US Coast Guard), for example, searches/seizures/arrests/investigation of crimes/evidence collection/traffic enforcement