Republican Lawmakers Divided Over Using Military for Mass Deportations
Plus, Jaime Raskin name-drops the Posse Comitatus Act of 1878.
WASHINGTON — President-elect Donald Trump signaled last month that he plans to deploy military assets to deport migrants within the United States. On Sunday, incoming White House Deputy Chief of Staff Stephen Miller hinted at the strategy during an appearance on Fox News, claiming the operations would be “fully funded” by Congress within weeks of Trump’s second inauguration on January 20. However, for some congressional Republicans, using the military for domestic immigration enforcement crosses a line.
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“I would never use active-duty military against anyone in the continental United States,” said Rep. Morgan Luttrell (R-TX), a former Navy SEAL. “As a veteran, I’m telling you that. I don’t know how this has bubbled up to this level … but you should never use active-duty military against your own countrymen,” he added.
Rep. Derrick Van Orden (R-MN), another former Navy SEAL, expressed similar concerns. “I would 100% need to see a legal analysis before I made any type of decision. We have to do things lawfully. It’s that simple,” he said.
Rep. Tim Burchett (R-TN) echoed Van Orden’s concerns. “I think that’s a constitutional question the courts will probably end up deciding, and I, too, have questions about that myself,” Burchett said, referring to the military being used for interior immigration enforcement. “But I think they could defend our border,” he added.
Asked about the legal implications, Rep. Jamie Raskin (D-MD), widely regarded as one of the foremost constitutional scholars in Congress, argued the move would violate both the Constitution and the Posse Comitatus Act. “The military cannot be used for domestic law enforcement purposes. That’s a cardinal principle that goes back to the beginning of the republic,” Raskin said.
Some Republicans, however, disagree. Reps. Troy Nehls (R-TX) and Rich McCormick (R-GA) likened undocumented migrants to foreign invaders, arguing that military intervention may be justified. Raskin dismissed this comparison. “That seems like a very extreme stretch,” he said. “The founders did not want a standing military being used for domestic law enforcement purposes.”
In the Senate, opposition to military deportation efforts is growing. Sen. Rand Paul (R-KY) firmly opposed the idea, telling Reuters on November 24, “I will not support and will not vote to use the military in our cities.”
Sen. Markwayne Mullin (R-OK) offered a more nuanced view, saying he supports using the military at the border and for deportation flights but drew the line at door-to-door operations. “As far as them going door-to-door, I don’t think they can do that,” Mullin said on Tuesday.
With Trump set to return to the Oval Office in just 39 days, his transition team has promised a series of “day one” immigration actions. Many of these, including the proposed use of the military for deportations, are almost certain to face immediate legal challenges. More to follow…
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The Posse Comitatus Act Explained
The law generally prevents the president from using the military as a domestic police force.
www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained
Trump Confirms Plans to Use the Military to Assist in Mass Deportations
www.nytimes.com/2024/11/18/us/politics/trump-military-mass-deportation.html
Trump’s Deportation Duo in the West Wing
Stephen Miller and Thomas Homan will run Trump’s deportation agenda, perhaps into the ground.
migrantinsider.com/p/trumps-deportation-duo
