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Emigration and immigration

Trump Administration Weighs Sending National Guard Troops on Immigration Raids Outside Their State

Strategic Insights

— 2 min read

The Trump administration is considering a proposal to deploy 20,000 National Guard troops on immigration raids outside their home state, potentially setting the stage for a legal clash between states and the federal government. If approved, these troops would operate under state authority, not subject to laws prohibiting the military from participating in civilian law enforcement activities. The plan has sparked concerns among legal experts and former DHS officials, who emphasize the unprecedented nature of such a proposal.

Key Takeaways:

  • The Pentagon is weighing a request from the Department of Homeland Security to call up 20,000 members of the National Guard under state authority for interior immigration enforcement, at a cost of approximately $3.6 billion per year.
  • This move would be distinct from the 4,000 Guardsmen currently deployed to Los Angeles under presidential orders.
  • Guard troops under state authority are not subject to laws barring the military from directly participating in civilian law enforcement activities.
  • The Trump administration is considering deploying National Guard troops sourced from red states into blue states without the consent of local officials.
  • Legal experts and former DHS officials have raised concerns about the unprecedented nature of the proposal and its potential constitutional implications.
  • The administration's plan would activate the Title 32 authority, which allows the federal government to fund the Guard's deployment while state governors retain command authority.
  • The 287(g) partnership program, which would be used to enforce immigration laws through a task force model, has been rapidly revived by the Trump administration after being terminated during the Obama administration.

Statistics:

  • 20,000: The number of National Guard troops that the Pentagon is considering deploying for interior immigration enforcement.
  • $3.6 billion: The estimated annual cost of deploying 20,000 National Guard troops under state authority for immigration enforcement.
  • 4,000: The number of Guardsmen currently deployed to Los Angeles under presidential orders.
  • 338: The number of new local and state law enforcement agencies that have signed 287(g) task force partnerships with ICE since the Trump administration took office.
  • 1970: The year the U.S. Postal Service strike was broken by an obscure law, which was used as precedent by the Trump administration to override Newsom and take control of a significant portion of the California National Guard.

Sources:

  • USA TODAY: Tom Vanden Brook, Francesca Chambers, " Trump administration weighs sending National Guard troops to deal with immigration raids"
  • CNN: Mentioned as a source of information regarding the Trump administration's assessment of sending National Guard troops from red states into blue states.
  • Alexander Hamilton: Referenced in the context of the Federalist Papers, in which Hamilton wrote about the potential for one state's militia or National Guard to enforce laws in another state without gubernatorial consent.
  • USA TODAY: " ICE revives 'task force' model to boost immigration enforcement"
  • USA TODAY: " Trump administration reestablishes '287(g) task force' model for immigration enforcement"
  • ICE website: Provided information on the 287(g) program and its partnership with local and state law enforcement agencies.
  • Federalist Papers: Cited as a source of information on the potential for one state's militia or National Guard to enforce laws in another state without gubernatorial consent.

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