Trump's Proposed Use of the Military for Deportations

The legal, constitutional, and practical hurdles are significant

Prof. Cassandra Burke Robertson and I published a new piece today over at The Conversation about Trump's idea to use the military for deportations. In short: he has a tough road ahead.

Comments

[Kleppe]

I wish President Trump success in his efforts.

[Frank Drackman]

Lincoln suspended Habeus Corpus

[Longtobefree]

Well, the engineers have to practice building defense works somewhere, why not along a border? Desolate areas of the southwest are ideal to practice laying minefields. (of course, warning signs would be posted for public safety)
How tough a road can it be?

[Brett Bellmore]

Yeah, that's about what I was thinking: Why not make the border into a 100'x1900 mile military base? Gotta have military bases anyway, after all.

[David Nieporent]

Do we have many military bases where hundreds of thousands of people traverse them every day with minimal scrutiny for perfectly legal reasons?

[TextFirst]

Things have gone truly backwards if there's a plausible argument that you can't use the military to expel foreign invaders. That's, like, the main thing an army is supposed to do. In this telling of events, then what is it for?

[Sarcastr0]

They aren't invaders, they are here for jobs.

So you've just begged the question extra hard.

[Frank Drackman]

Didn't realize raping/murdering Laken Riley was a "job" (Remember? In his State of the Onion last year, Sleepy Joe called her "Lincoln Riley" admitted she was murdered by an Ill-legal, and then asked how many people had been murdered by "Legals", and it took you fucks until June to realize
he has Alzheimers??
I had to provide a copy of my fucking Birth Certificate (back when Barry Osama was POTUS) to renew my Medical License, (or other "Proof of Citizenship"), that I need to do my job, they're here for jobs? Flying Airliners into Skyscrapers?? Getting Fent-a-nol to the Dealers? Oh man, you'd be the first one I'd deport to Terror-Anne,

Frank

[TextFirst]

One weird trick, defeat any military by claiming your invaders are "here for jobs."

[Randal]

There's a difference between a claim and a fact, although I agree there's no reason to expect a MAGAt to know that.

[LawTalkingGuy]

One weird trick to a military dictatorship: declare anyone you don’t like an invader or a national security threat.

[Frank Drackman]

Lincoln suspended Habeus Corpus, more than once, let me know when "47" (doesn't that sound great? "47"? ) suspends it once

[Brett Bellmore]

Lincoln grossly violated the Constitution on a regular basis. I'm kind of hoping Trump won't use him for a model, actually; He can do everything that really needs doing without that sort of tyrannical tactic.

[Sisu]

President Trump can call forth the Militia; among those 18 - 80, veteran and non-veteran citizen Constitutionalists, I expect there will be more than enough troops to accomplish the objective; and while all will need uniforms, and many will need body armor, most will be able to bring appropriate arms and munitions; as well I expect most are already trained in the use of arms and have respect for the rule of law.

[Randal]

Given that Republicans just elected a felon, their peans to the rule of law are no longer believable... if they ever were.

[dirc]

According to the linked article, the military can be used in support roles. If President Trump uses the military to provide logistical support to the Border Patrol, it seems (according to Profs Manta and Robertson) that would be OK. Although the article does not address what support roles are permitted, I would guess that soldiers could:
- guard detained illegal immigrants,
- run detention centers,
- construct barriers,
- operate detection equipment.
The Border Patrol would have to perform the actual law enforcement:
- detaining illegal immigrants,
- deporting illegal immigrants.

Does anyone have definite information on what roles are considered support and what roles are considered enforcement?

[John F. Carr]

Sheriff: General, I am the local civilian authority and I am hereby making a formal request of the military to do everything in its power to assist and aid me in apprehending known
General: Posse Comitatus, sir.
Sheriff: Did you call me a pussy communist?

An exchange from the 1984 movie Tank.

[ReaderY]

Rights such as birthright citizenship rights have to be enforced by courts. If the existing process is bypassed and a super-expedited process is adopted, such as the military simply loading people in trucks and unceremoniously dumping them over the border, than deportation can complete before there is any opportunity to file a judicial challenge to contest it.

[David Nieporent]

That happened in the mass deportation movements of the 1930s and 1950s, when large numbers of Mexicans were rounded up and summarily deported, and if significant numbers of them were American citizens, well, I mean, they're still brown, right?