The military is expressly prohibited from conducting law enforcement activities like deportation under the posse comitatus act.
We should not be talking about costs. We should be talking about prosecuting the entire chain of command between the president and the aircrew who actually performed the mission, in federal court and/or state court of any state they passed through on their way out of the country.
Posse comitatus doesn’t apply to the deportations, as they are assisting federal law enforcement agencies under 10 USC ch15 and under a declaration of a National Emergency.
It is a fair argument to pursue testing the validity of that in court, but they haven’t done that because they don’t believe they have a case.
10 USC 15 does, indeed, allow for the military to provide assistance to law enforcement agencies under specific circumstances. Among other requirements, they have to have an LEO on board the aircraft. The LEO ostensibly supervises the operation: the military members present are operating under the authority of the officer.
Here’s the problem: They are trying to argue against birthright citizenship on the basis that undocumented immigrants are not “subject to the jurisdiction” of the united states (14th Amendment). Diplomats and enemy combatants are not subject to the laws of the united states. They cannot be charged or convicted under US criminal code. They can only be held in accordance with the Laws of Armed Conflict, and treated as POWs rather than accused criminals. The military can detain people as POWs, but it cannot enforce the law domestically.
As soon as they claim 10 USC 15 justification, or they put an LEO in charge of the operation, the government loses its “subject to the jurisdiction” argument.
The government can’t claim justification under 10 USC 15. They need to argue that the immigrants are a category of people that the military can lawfully detain. They need to argue that the immigrants in question are invaders; enemy combatants.
The military is expressly prohibited from conducting law enforcement activities like deportation under the posse comitatus act.
We should not be talking about costs. We should be talking about prosecuting the entire chain of command between the president and the aircrew who actually performed the mission, in federal court and/or state court of any state they passed through on their way out of the country.
Posse comitatus doesn’t apply to the deportations, as they are assisting federal law enforcement agencies under 10 USC ch15 and under a declaration of a National Emergency.
It is a fair argument to pursue testing the validity of that in court, but they haven’t done that because they don’t believe they have a case.
10 USC 15 does, indeed, allow for the military to provide assistance to law enforcement agencies under specific circumstances. Among other requirements, they have to have an LEO on board the aircraft. The LEO ostensibly supervises the operation: the military members present are operating under the authority of the officer.
Here’s the problem: They are trying to argue against birthright citizenship on the basis that undocumented immigrants are not “subject to the jurisdiction” of the united states (14th Amendment). Diplomats and enemy combatants are not subject to the laws of the united states. They cannot be charged or convicted under US criminal code. They can only be held in accordance with the Laws of Armed Conflict, and treated as POWs rather than accused criminals. The military can detain people as POWs, but it cannot enforce the law domestically.
As soon as they claim 10 USC 15 justification, or they put an LEO in charge of the operation, the government loses its “subject to the jurisdiction” argument.
The government can’t claim justification under 10 USC 15. They need to argue that the immigrants are a category of people that the military can lawfully detain. They need to argue that the immigrants in question are invaders; enemy combatants.