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President Donald Trump announced this week that he would send the National Guard to fight the illegal immigration to the Mexico-Mexico border. The US Code called it Title 32.
Rep. Ted Lieu, D-Calif., Argued on Thursday that this did not really send members of the National Guard to the border, but rather a request to states to do so.
Does Trump have the authority to use the National Guard himself? ? That's how it works earlier.
How do you send troops to the border?
The military has no legal mandate to deal with immigration issues, but there are two options for the federal government to use the National Guard efforts. Under title 10 of the US code, the Lieu quoted in his tweet, National Guard troops are federally funded and their movements are controlled by the Secretary of Defense. Under US Title 32, the Trump, which was used as the basis for its proclamation, the troops are funded by the federal government, but remain under state control and are deployed at the behest of the governor of that state.
President Barack Obama and President George W. Bush used Title 32 to send National Guard troops to the border during their term of office. In addition, Title 10 has been used for decades to fund military groups fighting transnational gangs trying to cross US borders, according to a 2012 Government Accountability Office report.
Is There a Reason, Title 32? about title 10? 19659007] Definitely. Title 32 extends the scope of what the National Guard staff at the border can do.
Title 10 federalizes the National Guard, meaning that these troops are prohibited from enforcing national laws through the Posse Comitatus Act (PCA). The PCA prohibits the armed forces from dealing with domestic issues such as immigration. They can only play a supporting role when it comes to budgetary issues, such as training or lending and the operation of equipment, as well as counter-and anti-terrorist efforts.
National Guard personnel are not subject to the PCA, 2004 The Congress passed a law that allowed governments of the past to include National Guard troops involved in border security operations in the event of a "homeland defense activity" under Title 32, according to a 2013 Congressional Research Report finance.
What role do states play in this? Can you say no?
Border states can finance and deploy their own National Guard troops to secure their borders, though historically many have asked for Title 32 for the federal government to take the lead.
You can also refuse to send troops, as former Governor Arnold Schwarzenegger, R-Calif., Did in 2006, when Bush more than doubled the number of National Guard soldiers deployed at the border.
Why does Trump want to send troops to the border?
At Easter, the president began chatting about dangerous "caravans" of migrants riding through Mexico towards the US. The group he spoke of was a planned annual procession of refugees fleeing violence in Central America, organized by a group called Pueblo Sin Fronteras. Some of the migrants planned to seek asylum in the US because they flee extreme violence in their home countries – and they would have been stopped or arrested at the border, immigration experts said.
The President said that this was a dangerous situation and accused the Congressional Democrats of not passing stricter immigration laws and financing his demands for a border wall. Later he said he would use the military to protect the border.