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Border Security and Military Support: Legal Authorizations and Restrictions (CRS Report for Congress)

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Release Date Revised Dec. 14, 2006
Report Number RS22443
Report Type Report
Authors Stephen R. Vina, American Law Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised Oct. 23, 2006 (6 pages, $24.95) add
  • Premium   Revised July 26, 2006 (6 pages, $24.95) add
  • Premium   Revised May 23, 2006 (6 pages, $24.95) add
  • Premium   May 15, 2006 (6 pages, $24.95) add
Summary:

The military generally provides 'support' to law enforcement and immigration authorities along the southern border. Reported escalations in criminal activity and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. On May 15, 2006, President Bush announced that up to 6,000 National Guard troops would be sent to the border to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised. This report will be updated as warranted.