What the US military can legally do in immigration crackdown – and at Guantánamo Bay
The first wave of the American forces moved to the southern border “to repel an invasion” to migrants, says the Trump administration.
The US military is also preparing US bases to hold people as part of President Donald Trump’s collective deportation plan, and is making trips to remove them from the country.
Mr. Trump announced on Wednesday that one of this base will be in Guantenamo Bay, Cuba. It is to use the detention facility to start receiving 30,000 “criminal foreigners”.
Why did we write this
Puscent of President Donald Trump to involve the US military with border security and the use of Guantanamo Bay to hold migrants is part of his strategy to test the limits of the armed forces.
Defense Minister Beit Higseth said upon his arrival in the Pentagon on Monday, in his first first statements in this position, that the president “made it clear that there is an emergency on the southern border.” “Foreign terrorist organizations.”
These words – invasion, emergency, and terrorist organizations – have legal meanings that give the president special powers to mobilize the American army. Specifically what the Trump administration requires that the forces do as part of collective deportation now is something that American legal scientists follow closely.
Why did the migrants hold in the Bay of Guanttenamo?
President Trump said in a memorandum on Wednesday that it is a step “to stop the conquest of the borders, dismantle criminal carters, and restore national sovereignty.”
He added that the Secretary Higseth called “Gitmo”, which is the nickname for the rule, “The Perfect Location” in a statement on the social platform X. The Ministry of Defense will expand “immediately” the detention center to the full capacity.
American law allows the use of military rules for federal and state law enforcement. However, human rights analysts argue that the transfer of these operations to the Bay of Guantenamo raises legal concerns.
They say that the detained immigrants there will face barriers to access legal procedures, such as accessing lawyers. There is also the issue of the duration in which these people will remain there, which is a basic principle of the body. Several 800 prisoners in Gttumo faced an unlimited height of the war. After a quarter of a century, there were 15 people in the cells, some are still awaiting trial.
Mr. Higseth said the plan is to provide a “temporary transit” in a separate area of the US Navy base, which includes the golf course and was used in disaster operations in the past.
Critics expressed concern that the administration is used with this using Guantanamo because it is a “legal black hole”, as the National Center for Immigration Law said in a statement this week. “It is a stigma on the history of our nation and has no work that is used to detain migrants or anyone else.”
What are the legal restrictions of the American forces working on American soil?
The actual army can support law enforcement, but it cannot act as a local police or participate in detention or research and seizures, for example. This is at the heart of the Posse Comitaus law for the year 1878.
The United States Marine Infantry/Sergeant. Kyle Chan/Reuters
There are exceptions to that. If the president calls for the rebellion law, he temporarily suspends the Posse Comitaus and allows him to write down the National Guard and deploy the active service forces to suppress any uprising that interferes with the implementation of federal law or federal law.
Scientists called the Law 1807 “seriously mysterious” and “Mature to abuse” Because it is not very clear when it comes to the conditions where it can be used.
Mr. Trump thought of calling the act in the summer of 2020, after widespread protests erupted after the death of George Floyd by the police, but military commanders talked about it. It was last used in 1992, during Los Angeles riots that followed Rodney King, a black man, by police officers. The rebellion law was not called to enforce immigration.
for now, Congress asks questions About the authority used by the Ministry of Defense under it military aircraft to deport deportations.
“People detention and put them on flights – it seems more like local law enforcement for me,” says Cassandra Berk Robertson, a law professor at Kis Western Reserve University. “i can see [legal] The arguments that are presented on both sides, but I think they cross the line. “
Does the use of American forces to help collective deportation threaten national security?
The northern US army leadership now has 30 days to reach a plan for how the army is used to close the border and the invasion, such as Executive order He puts it.
If it was literally interpreted through the matter – which The plan must be determined Retired Colonel Mark Kansian, the first advisor at the Center for Strategic and International Studies, says that the number of forces required, for how long, and what, specifically – this is a “huge mission” that can include more than 10,000 soldiers. .
So far, 1,500 soldiers have been sent to the southern border, a number in line with other publishing operations there by other presidents over 15 years. Meanwhile, forces from the Eighth-eighth Division- which were sent to Iraq are prepared after the Iranian-backed militia attack on the American embassy, for example, and to Afghanistan after the Taliban regained control of the country- requests.
For their part, legislators ask how the administration plans to balance the transformation of more US military forces into the border with current missions and emergency situations that can appear in the wider world.
The packing also raises a greater question: Why did the active service forces be published in this way when the National Guard and the reserve forces are available?
“The message that Trump sends is,“ I am taking action immediately. ”Reserve experts takes time to call. Analysts say that choosing the use of the army in active service highlights the taste in which the new administration deals with legal challenges, and dares in terms of The process of courts to prohibit it.
Professor Robertson says: It refers to “exploration of what the executive authority of Mr. Trump can extend.”
Al -Amin Higseth said that the American forces will work “according to the constitution, with the laws of our land, and the directives of the Supreme Commander.”
Analysts say that the question is whether these parameters will work on each other. Professor Robertson added: “Most presidents are not trying to test the border,” added Professor Robertson. “I think the Trump administration is not trying to work within these limits.”
