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Tetsuya · 51-55, M
Mr. Biden also has to contend with the Posse Comitatus Act
beckyromero · 36-40, F
@Tetsuya
Military Support for Customs and Border Protection Along
the Southern Border Under the Posse Comitatus Act
The Department of Defense’s proposed use of military personnel to provide limited
assistance with respect to certain Customs and Border Protection inspection and
observation functions along the southern border of the United States is permissible
under the Posse Comitatus Act and applicable regulations.
January 19, 2021
MEMORANDUM OPINION FOR THE GENERAL COUNSEL
DEPARTMENT OF DEFENSE
The Posse Comitatus Act, 18 U.S.C. § 1385, restricts the use of “any
part of the Army or the Air Force” in civilian law enforcement, unless
expressly authorized by law. Consistent with these restrictions, for many
years, the Department of Defense (“DoD”) has provided assistance to the
efforts by the Department of Homeland Security (“DHS”) to stem the
illegal flow of persons and contraband across the southern land border
between the United States and Mexico. This assistance is principally
authorized by chapter 15 of title 10 of the United States Code, 10 U.S.C.
§§ 271–284, which allows DoD to provide a number of different forms of
support to civilian law enforcement. Congress endorsed DoD’s ongoing
efforts in 2015 by providing that “[t]he Secretary of Defense may provide
assistance to United States Customs and Border Protection for purposes of
increasing ongoing efforts to secure the southern land border of the United
States.” National Defense Authorization Act for Fiscal Year 2016, Pub. L.
No. 114-92, § 1059, 129 Stat. 986‒87 (2015) (“FY 2016 NDAA”).
https://www.justice.gov/olc/file/1357086/download
Military Support for Customs and Border Protection Along
the Southern Border Under the Posse Comitatus Act
The Department of Defense’s proposed use of military personnel to provide limited
assistance with respect to certain Customs and Border Protection inspection and
observation functions along the southern border of the United States is permissible
under the Posse Comitatus Act and applicable regulations.
January 19, 2021
MEMORANDUM OPINION FOR THE GENERAL COUNSEL
DEPARTMENT OF DEFENSE
The Posse Comitatus Act, 18 U.S.C. § 1385, restricts the use of “any
part of the Army or the Air Force” in civilian law enforcement, unless
expressly authorized by law. Consistent with these restrictions, for many
years, the Department of Defense (“DoD”) has provided assistance to the
efforts by the Department of Homeland Security (“DHS”) to stem the
illegal flow of persons and contraband across the southern land border
between the United States and Mexico. This assistance is principally
authorized by chapter 15 of title 10 of the United States Code, 10 U.S.C.
§§ 271–284, which allows DoD to provide a number of different forms of
support to civilian law enforcement. Congress endorsed DoD’s ongoing
efforts in 2015 by providing that “[t]he Secretary of Defense may provide
assistance to United States Customs and Border Protection for purposes of
increasing ongoing efforts to secure the southern land border of the United
States.” National Defense Authorization Act for Fiscal Year 2016, Pub. L.
No. 114-92, § 1059, 129 Stat. 986‒87 (2015) (“FY 2016 NDAA”).
https://www.justice.gov/olc/file/1357086/download