General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBREAKING: Trump administration considers mobilizing as many as 100,000 National Guard troops...
Link to tweet
Tommy_Carcetti
(43,164 posts)DURHAM D
(32,609 posts)F**k this shit.
nikibatts
(2,198 posts)Karma is a bitch!
RandySF
(58,696 posts)Military cannot be used for domestic law enforcement.
Historic NY
(37,449 posts),
lame54
(35,279 posts)unblock
(52,179 posts)from the constitution, article i (legislative), section 8:
15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
i don't think the posse comitatus act applies to the national guard:
https://en.wikipedia.org/wiki/Posse_Comitatus_Act
The Act only specifically applies to the United States Army and, as amended in 1956, the United States Air Force. While the Act does not explicitly mention the United States Navy and the United States Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the Act force with respect to those services as well. The Act does not apply to the Army National Guard and the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act either, primarily because although the Coast Guard is an armed service, it also has both a maritime law enforcement mission and a federal regulatory agency mission.
1965Comet
(175 posts)I think Trump cannot federalize the NG to enforce domestic laws, but a governor could use them under state control to enforce laws. Thus, this will probably only be happening in red states.
mikelewis
(4,079 posts)I forget which law we were all up in arms about at the time but Bush just sort of shit all over that law and I don't believe anyone's fixed it since. The Governors could refuse the request for troops unless 45 declares a state of emergency and then he can do whatever the hell he wants... Who knew the Bush years would yield terrible consequences?
braddy
(3,585 posts)The 82nd Airborne, the 101st, the Marines, the Guard, all were used in the 50s and 60s.
dalton99a
(81,426 posts)Dem2
(8,168 posts)Most who live outside of cities need to drive to survive.
Driving requires a license - and cops can pull you over and demand said ID.
workinclasszero
(28,270 posts)Demsrule86
(68,539 posts)Those who helped this monster get elected have much to answer for.
bdamomma
(63,822 posts)in the Congress too. They helped to get this regime in too.
Demsrule86
(68,539 posts)Arkansas Granny
(31,513 posts)A Virginia winery owned by President Trumps son Eric has requested permission to bring in nearly two dozen foreign workers, according to a new report.
The Trump Winery in Virginia is seeking 23 workers from overseas to plant and harvest grapes there this spring, BuzzFeed reported Thursday.
The Department of Labor published a request from the winery, which is also known as Trump Vineyard Estates LLC, earlier that day.
Thursdays posting says potential workers will earn $11.27 hourly working at the 1,300-acre estate from April 3 to as late as Oct. 27.
The workers are being sought using the federal H-2A visa program, which permits U.S. employers to hire foreign agricultural laborers for temporary work as long as no qualified Americans want the jobs instead.
http://thehill.com/homenews/news/320043-trump-winery-seeks-more-foreign-help-report
1965Comet
(175 posts)Trump rounds them all up and then selects the best ones to work on his plantation...
lpbk2713
(42,751 posts)Not with a loonie calling the shots.
Johnny2X2X
(19,021 posts)They are coming for all brown people, where you were born will have no bearing. Fight now!!!
frazzled
(18,402 posts)I was just thinking that this morning: that all of us need to inform ourselves about the rules for cooperation/noncooperation with immigration authorities, and with laws and rights, so that when we are standing on the subway platform and an individual is confronted by an authority, we can step in to help.
I was thinking this because I'm sensing a new sense of solidarity among people, and we should begin to use this solidarity in useful, sometimes courageous ways. Let me explain.
Last night we were riding the El train to go to a symphony concert. Now, normally, no one EVER strikes up a conversation with strangers on the train (except the guys asking for spare change, etc.). Last night, that wasn't the case. First of all, one of a pair of older African American men sitting across from us says to me, "those are nice boots!" I say, "well thank you so much," and we start to have an incredibly genial conversation about suede, and how they weren't very expensive, etc. And they get off and then a young woman stands to help a foreign woman in a headscarf (so presumably Muslim) who is wondering how to get to the commuter rail station. All of a sudden, everyone in the car is up pointing to the map and helping her with instructions. She is clearly unbelievably gratified by the care she is receiving, and she says "I'm not from here," smiling.
And that is why I woke up this morning with the sense that we can and must be the protectors of our fellow citizens in the event they are confronted by authorities or by individuals with hatred in their hearts. Their is a new sense of comity among the public, at least there is here in my city, and we should build on this by becoming informed citizens who stand between the disadvantaged and possible danger.
Johnny2X2X
(19,021 posts)Trump is showing he will do what he said he will do. And he doesn't even know how many people he will try to eject from our country. He's said 17 million in the past. They are coming for all Latinos, they will not discriminate based in the law. Trump and his forces are white supremacists who are trying to purify America.
The time to get ready for a fight is now!
MineralMan
(146,284 posts)There are no circumstances currently that would allow such a mobilization. It wouldn't survive the first hearing in any Federal District Court. Trump is overstepping his authority if he tries this.
Here's the problem: any such raids would catch up many U.S. Citizens. Every one of those would have standing in federal court to seek an emergency injunction. I'm sure the ACLU lawyers are already preparing their lawsuit filings.
FSogol
(45,468 posts)JustAnotherGen
(31,798 posts)A draft memo obtained by The Associated Press outlines a Trump administration proposal under consideration to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants. Millions of those who would be affected in 11 states live nowhere near the Mexico border.
The 11-page document calls for the unprecedented militarization of immigration enforcement as far north as Portland, Oregon, and as far east as New Orleans, Louisiana. If the proposal is implemented, governors in the affected states would have final approval on whether troops under their control participate.
politicat
(9,808 posts)It's a draft -- leaked of course -- and sounds like it relies on the cooperation of the governors of the states. Which is not a given.
Johnny2X2X
(19,021 posts)Sure, it's a draft, Trumo isn't going to round up millions of "undesirables" and ship them offf.
Wake up!!! This will happen and soon. Trump promised he would do this and he will.
Armed resistance!
politicat
(9,808 posts)The fact that it's been leaked means there's someone in government who agrees.
This gives us the chance to organize our calls and start demanding our governors stand up for their rights. The governors have been skating for the last month, not taking nearly as much public heat. That needs to change now. Phones, fax, email, addresses here: https://www.nga.org/cms/home/governors/staff-directories--contact-infor/col2-content/governors-office-addresses-and-w.html
... and you didn't expect this? It's the authoritarian playbook. We've known they're going to get more outrageous, and we know we're in for the long haul. Yelling at me may feel good to you, but it doesn't help. Let's just get to work.
So 3 reasons governors shouldn't comply:
1) National Guard are not trained law enforcement, nor are they trained for immigration work. It's not their job. They will make mistakes, and those mistakes will harm citizens and residents.
2) as taxpayers and citizens, we already pay for DHS and ICE. They have funding specific to this task. State NG funds should not be spent on supplementing an already funded program.
3) This is an usurpation of the state's rights and of the governor's authority. We did not elect our governors to act as puppets for the Federal administration. We expect our states to stand up for our citizens and residents.
mikelewis
(4,079 posts)Oh wait, they're mostly Republican... Head em up, move em out RawHIDE!!!!!
Baitball Blogger
(46,697 posts)Citizenship papers.
FreeStateDemocrat
(2,654 posts)Title 10 service means full-time duty in the active military service of the United States. The term used is federalized. Federalized National Guard forces have been ordered, by the President to active duty either in their reserve component status or by calling them into Federal service in their militia status
JenniferJuniper
(4,510 posts)Renew Deal
(81,852 posts)I had a feeling he would do something like this.
Buckeyeblue
(5,499 posts)If state governors don't comply, fed funds, like highway funds will be withheld. It's an old trick that has been used to force states to comply with drinking age laws and min blood alcohol levels for DUI.
BainsBane
(53,026 posts)Demonic POS.
SHRED
(28,136 posts)Generic Brad
(14,274 posts)Only two days ago I was speaking with a Captain in the National Guard and stated he and the men in his company were already discussing how they would respond to illegal orders issued by Trump. It is alarming to me that our service people feel they have to contemplate that.
struggle4progress
(118,270 posts)Garance Burke / AP
10:46 AM EST
... The Associated Press reported this morning that an 11-page document would call for the National Guard to be called up in 11 states, including some not along the Mexican border, to round up undocumented immigrants.
The memo was written by U.S. Homeland Security Secretary John Kelly, a retired four-star Marine general, according to the AP, and would give governors in those states final say on whether to participate.
"That is 100% not true," White House spokesman Sean Spicer told reporters. "It is false. It is irresponsible to be saying this. ... There is no effort at all to round up, to utilize the National Guard to round up illegal immigrants."
Spicer would not say whether this idea was ever floated somewhere within the Administration ...
http://time.com/4674590/donald-trump-immigration-national-guard/
Of course, tthe story could change later today, tomorrow, or the next day ...
haele
(12,645 posts)Float an outrageous rumor that it's being considered, sit back, and watch the reaction.
If there's not much reaction, that's a green light to go with a ruling that's not as extreme as the rumor. If people get outraged, the rumor gets debunked, and the press becomes more "fake" in the public eye, giving the administration an opening to go ahead and do whatever it is they plan to do anyway, because who will believe the "news organizations", after they spread such an outrageous rumor before...
Classic political strategy.
Haele
njhoneybadger
(3,910 posts)I'm not falling for it. Deportation of that scale would result in a major labour shortage driving up wages that's not something wall street or rethuglicans want.
FSogol
(45,468 posts)Botany
(70,483 posts)herding cats
(19,558 posts)Sean Spicer @PressSec
This is not true. DHS also confirms it is 100% false
The Associated Press @AP
Memo obtained by AP shows Trump considering mobilizing the National Guard to round up unauthorized immigrants.
https://mobile.twitter.com/PressSec/status/832616382667726851
HipChick
(25,485 posts)Bannon footprints all over it..
herding cats
(19,558 posts)It was a deliberate fake leak to discredit media.
HipChick
(25,485 posts)Initech
(100,056 posts)miyazaki
(2,239 posts)BeckyDem
(8,361 posts)Another strike against humanity.
struggle4progress
(118,270 posts)jmg257
(11,996 posts)Last edited Fri Feb 17, 2017, 12:51 PM - Edit history (1)
10 U.S. Code § 332 - Use of militia and armed forces to enforce Federal authority
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
ETA:
And while we are at it:
10 U.S. Code § 333 - Interference with State and Federal law
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws
All thanks to the John Warner National Defense Authorization Act for Fiscal Year 2007...yay Bush!
bettyellen
(47,209 posts)Or fish out who could be leaking?
C_U_L8R
(44,996 posts)And there are a lot more than 100,000 on the side of justice.
Bring it on you Nazi cowards.
gordianot
(15,237 posts)Of course there will need to collection and holding areas. Once moved across the Mexican border it becomes a refugee crisis of major proportions.
still_one
(92,115 posts)Response to Miles Archer (Original post)
Name removed Message auto-removed
TheDebbieDee
(11,119 posts)Because they believed Trump's immigration/deportation plan would spur a DHS hiring frenzy (ICE comes under the DHS umbrella) and swell their union ranks...