On the Border
OK, so I have been mulling over the use of the Guard on the US-Mexico border.
First thing I remembered from my ILE course: One of the Core Competencies of the US Army is to "Support Civil Authorities"...OK, so we are supposed to be able to help.
What about the legalities? Two things leap out right away; Posse Comitatus, and Title 32 of the US Code. If Congress actually decides to act under it's Article I Section 8 authority [“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions."] then it is legal, period. At that point, per Article II, Section 2 - after Congress orders the militia “called into the actual service of the United States” then the President acts as commander in chief “of the Militia of the several States.” Should Congress dither (hard to imagine, yes?) then the Guard units called up would probably have to operate under Title 32 orders, and be bound by strict Rules of Engagement and orders to stick to non-law enforcement roles. This has been the case in many uses of the Guard for Counter-drug efforts, for example. It is a bother to try and follow all this, but I rather prefer the bother to acting unconstitutionally/unlawfully.
Alright, so if it is something we can do, and it is legal - should we be doing it? Hmmm. A tougher question. I think if it truly stays temporary, why not. If it morphs into an ongoing and semi-permanent mission, I might have to rethink the whole thing.
Of course, we have had extensive forces placed on the southern border before... and I would really rather not have this type of thing occur again.
UPDATE: I should have nmentioned above that once Congress gives the big thumbs up, we would probably be under Title 10 USC.
Also, I have had prior thoughts on the use of the Guard - here.