Anmerkungen:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments April 4, 2018 erstellt
Beschreibung:
President Trump recently announced that “we’re going to be guarding our border with the military” until a border wall between the U.S.-Mexico border can be completed. That completion date remains uncertain in light of so many questions governing the wall’s funding and construction. The president has apparently discussed the military’s movement to the border with his top national security advisors to include Defense Secretary Jim Mattis. It appears that Trump will release a proclamation directing the Department of Defense and the Department of Homeland Security to work with governors to deploy National Guard troops to the southwest border to assist the Border Patrol in combating illegal immigration. Nevertheless, questions remain: What parts of the military will be used?; Who is paying for this? What is the legal authority and what will they be doing? I want to highlight four key initial takeaways to focus your attention on the core legal issues as a “militarized border” implementation plan develops. While it is too simplistic to state that the “president can or can’t do this” – he faces enormous legal challenges and restrictions that will likely thwart his aspirations