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Trump Is 'Confused:' President's Plan to Militarize the U.S.-Mexico Border Is Illegal

Trump said Tuesday: 'Until we can have a wall and proper security, we’re going to be guarding our border with the military'

Juliette Kayyem, fmr DHS assistant secretary on Trump saying he would send the military to the border
Juliette Kayyem, fmr DHS assistant secretary on Trump saying he would send the military to the borderCredit: Screen shot

President Donald Trump wants to use the military to secure the U.S.-Mexico border until his “big, beautiful wall” is erected.

He said during a news conference Tuesday: “Until we can have a wall and proper security, we’re going to be guarding our border with the military.”

He has been frustrated by the lack of progress on fulfilling the signature promise of his campaign.

Federal law prohibits the use of active-duty service members for law enforcement inside the U.S., unless specifically authorized by Congress. But over the past 12 years, presidents have twice sent National Guard troops to the border to bolster security and assist with surveillance and other support.

Juliette Kayyem, a former assistant secretary at the Department of Homeland Security, pointed out on CNN that Trump must be "confused" between deploying the National Guard to the border and the U.S. military. Kayymen added that if Trump does in fact intend to deploy the military it would either be illegal if done on the U.S. side of the border or an invasion of Mexico if done on the Mexican side.

If Trump were to use the National Guard on the border, it would be a model similar to a 2006 operation deployed by President George W. Bush.

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