Federal authorities are seeking National Guard assistance in locating and transporting children who have entered the country without an adult companion, relating to the influx of unaccompanied minors crossing the border.
Heythere! Let's talk about the recent controversy stirring up some waves. The Department of Homeland Security (DHS) has put a call out for 21,000 National Guard troops to help beef up their interior immigration enforcement operations, according to sources briefed on the plan.
Now, this ain't your average job for the troops. They might be asked to search for unaccompanied kids in tricky or dangerous conditions and transport them from state to state—both things that aren't exactly explicit in DHS's request. This has got some Democrats in Congress and a few military and law enforcement officials scratching their heads, worrying about the National Guard taking on civilian law enforcement duties.
The nitty-gritty is laid out in a Request for Assistance from DHS to the Pentagon on May 9th. The document explains that this is the first time U.S. Immigration and Customs Enforcement (ICE) has asked for National Guard involvement in internal immigration enforcement operations.
Most of these soldiers would be dedicated to moving detained folks around (yep, about 10,000), while roughly 2,500 would be for detention support, though the document doesn't say where. Another 1,000 would handle administrative tasks like processing paperwork.
But it don't stop there. The request also calls for up to 3,500 troops to search for fugitives and conduct surveillance, canvassing missions, night operations, and rural interdictions. They might even be asked to help ICE track down absconders and fugitives.
NPR first brought this matter to light.
When the Rubber Hits the Road
Critics, including Democrats in Congress and some officers, question the National Guard being used to perform civilian law enforcement tasks. One even went as far as saying, "It's going to look like a police state." Another source stated, "This is it—the administration finding a way to get the National Guard into the streets and into American homes."
Defense officials claim that the request hasn't been officially approved yet and is being closely evaluated by the Pentagon, including policy officials, the General Counsel's office, and other leaders. The most likely scenario is that part of the request will get the green light, while other parts will be shot down.
But a source familiar with the plans suggests that Defense Secretary Peter Hegseth is on the brink of approving some parts of the request and deciding which state governors to contact for their National Guard units. "We're so much closer to this being real," says the source, speaking anonymously.
DHS wants these National Guard troops under Title 32 status, meaning they would still be under control of their governors but receive federal funding. This status usually allows National Guard troops to handle law enforcement tasks without violating the Posse Comitatus Act, an 1878 law preventing federal troops from engaging in law enforcement.
A National Guard member who's opposed to this plan expressed their sentiment: "I plan to leave the National Guard soon over this."
In the current political landscape, concerns are arising amongst Democrats in Congress and some military officials about the use of National Guard troops for civilian law enforcement duties, with one vocal critic describing it as resembling a "police state." This controversy stems from the Department of Homeland Security's request for assistance, detailing that National Guard troops could be used for various law enforcement tasks, including searching for fugitives and tracking down absconders, which isn't typically associated with their role. This request is being closely evaluated by policy and legislation officials within the Pentagon, with a potential approval looming, resulting in a prospective reality that has prompted dissent among some National Guard members.