Full, 11-page draft DHS memo outlining using National Guard for immigrant roundup

[bigtree]

...the one John Kelly denies writing (the one with his name on it).

Ryan Teague Beckwith @ryanbeckwith
Here is the full 11-page draft memo about using the National Guard for deportations http://bit.ly/2lVL6eo

Link to tweet

[2naSalit]

1. Download this thing before it disappears!

[Angry Dragon]

51. Done

[exboyfil]

2. Everyone receiving it is listed as Acting

One or more of those folks may not be a holdover. Then they can verify it.

[workinclasszero]

3. Nothing to see here citizen...move on

[Achilleaze]

4. and now republicans are lying about this, saying it's unreal

well, republicans can go pound their degenerate 'alternative facts' up satan's keester

[MyMission]

5. this is a test

I think they are planning to test the power of our commandering chief ordering the military. They want to order troops somewhere. I also think they want to prepare to squash the protests that are increasing. And they will try to use the national guard to control the people if they can figure out how the 40% who approve can control the 60% majority of us who disapprove
We must keep fighting and speaking out for liberty and justice for all.

[niyad]

38. welcome to du, and thanks for being part of the fight!!

[KittyWampus]

6. They may just be throwing out chum. Who knows? If this is NOT from DHS/Kelly

then it should be traced back to source.

[Victor_c3]

45. I have to agree with what your saying. N/t

[bigtree]

7. »

[TheDebbieDee]

8. Marking so I can find later...

[SHRED]

9. Lying liars.

[mikelewis]

10. Attached is the relevant section....

Pursuant to Title 32 of the United States Code, State National Guard components are employees of their respective states and are under the command of their Governors when they are not in federal service. Based on their training and experience, these men and women are particularly well-suited to assist in the enforcement of federal immigration law and augment border security operations by Department components.

To maximize participation by state and local jurisdictions in the enforcement of federal immigration law, I am directing the Director of ICE to engage with all willing and qualified law enforcement jurisdictions for the purpose of entering into agreements under section 287(g) of the INA. Additionally, I am directing the Commissioner of CBP and the Director of ICE to immediately engage with the Governors of the States adjacent to the land border with Mexico and those States adjoining such border States for the purpose of entering into agreements under section 287(g) of the INA to authorize qualified members of the State National Guard, while such 3 members are not in federal service, or qualified members of a state militia or state defense force under the command of the Governor, to perform the functions of an immigration officer in relation to the investigation, apprehension, and detention of aliens in the United States.

[Dream Girl]

11. I don't believe this is real. they are stirring up shit.

[orangecrush]

12. It is real as a heart attack

WASHINGTON (AP) — The Trump administration considered a proposal to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants, including millions living nowhere near the Mexico border, according to a draft memo obtained by The Associated Press.

Staffers in the Department of Homeland Security said the proposal had been discussed as recently as Friday.

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.

• DOCUMENTS: Read the Draft Memo

Four states that border on Mexico were included in the proposal – California, Arizona, New Mexico and Texas – but it also encompasses seven states contiguous to those four – Oregon, Nevada, Utah, Colorado, Oklahoma, Arkansas and Louisiana.

https://www.google.com/amp/sanfrancisco.cbslocal.com/2017/02/17/president-donald-trump-national-guard-immigrant-roundups/amp/?client=ms-android-boost-us


These bastards are planning to use the military to round people up right here in our backyatds.

[Dream Girl]

14. I know this was reported in AP, but think the document itself was planted and is a fake

I believe that they are creating "fake news" to discredit the media and create a huge distraction at the same time. Not that they wouldn't love to do this and have probably studied how they would make it happen.

[karadax]

21. When Trump said that the leaks were real but the news fake he left a clue

That he's attempting to flush out people leaking information. I think this memo is one of those efforts. Throw out BS that you have no intention on doing and wait and see which items come out in the news. Then you know who your leakers are. It's a time honored practice.

[Dream Girl]

42. Yep. I just have a feeling this isn't real. My spidery sense tells me something's up.

[metalbot]

13. I thought the section on unaccompanied minors was more disheartening

It essentially says "unaccompanied minors need special help", but that if an unaccompanied minor has a parent or guardian who is in the US illegally, then they are by definition not unaccompanied, and should simply be deported. This makes basically no sense. If you have someone who could take care of you, we'll send you back, but if you don't have someone here who could care for you, then we'll pay for you to stay. I'm totally confused.

[MineralMan]

15. OK, if I'm reading this correctly, it doesn't propose

federalizing any National Guard troops for use in this process. Instead it encourages convincing Governors in border states to allow their National Guard members to do those jobs. There are already laws allowing that, and this seems to be expanding that use.

That would work around the Posse Comitatus prohibition against using the military for civil law enforcement purposes. The Governors can call up their own Guard units for a wide range of things.

If I have that wrong, please let me know.

Here's something I do know, California's Governor isn't going to agree to allow the California Guard units to do any such thing.

[workinclasszero]

18. What state would sanction this action?

The undocumented people are here filling jobs Americans won't do.

Seems like a sure way to screw your states economy to me.

[MineralMan]

20. What state? AZ, TX, NM, FL...

Any state with a Republican as Governor would be likely to go along with that, I'd think.

Not California, though.

[workinclasszero]

23. Sure, wait till those crops are rotting in the fields

And all the cheap, easily abused labor disappears.

Those republicans governors will be singing a different song then!

[MineralMan]

24. You'd think so, wouldn't you?

I'm not so sure, though. Politics sometimes seems to cloud the ability to reason, I think.

[workinclasszero]

33. One thing I know in this world...

Republicans real god is money.

If Trump and Bannon start to seriously threaten their faithful voters money stream they will rise up and throw them out!

[Volaris]

16. Republican Senators must be shitting bricks.

If there were ever a surefire way to turn the desert southwest Blue and keep it that way, this is it.

What do you mean, I have to go out in the desert sun and mow my own lawn? I don't have time, I have to go pick my own crops now because I got EXACTLY WHAT I VOTED FOR.

Dumb fuckers will get smart real quick won't they?

[Fritz Walter]

17. Look over there! A shiny thing...!

Coming mere hours after the Shitgibbon in Chief tried to dodge or explain-away the Russian connection, this is meant as a distraction. Pure and simple.
Of course, the lily-White House has already denied it, but for this news cycle, it's succeeding in pushing the Putin story off the front page (or at least below the fold).

C'mon people: focus!

And #Resist!

[Dream Girl]

44. Yep...getting every one all twisted in knots.

[MontanaMama]

19. Shouty Spice says it is "100% untrue".

Probably a meeting that he wasn't allowed to attend. He's stuck at the kids table these days.

https://apnews.com/5508111d59554a33be8001bdac4ef830?utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP

[OldRedneck]

22. The National Guard is a military unit . . .

. . . bound by posse comitatus, that is, military has no authority over civilians.

So -- when a Guardsman or Guard unit detains someone who happens to be a citizen or in the country legally . . . let's hope the person sues the living shit out of the individual Guardsman, the unit, the governor, and everyone else in the chain of command.

[jmg257]

26. Haven't you heard of John Warner? George W. Bush?

10 U.S. Code § 332 - Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

10 U.S. Code § 311 - Militia: composition and classes

(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.

10 U.S. Code § 333 - Interference with State and Federal law

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(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

The John Warner National Defense Authorization Act for Fiscal Year 2007...
https://en.wikipedia.org/wiki/H.R._5122_(2006)

That is assuming they are federalized, which in this case they wouldn't be (according to the memo). They would be emplyees of the state working under direction of the AG.

[MineralMan]

27. But, see, there's the awkward fact that National Guard units are

under the control of their state's governor, unless the federal government calls them up. Within their states, they are subject to a different set of laws, actually. That complicates things. Governors can call up the state guard units for all sorts of reasons, and do from time to time. That can even include some law enforcement duties.

It looks to me like that document is suggesting that Governors assign guard personnel to border enforcement. That just might be legal, depending on state laws. It's complicated.

[PoliticAverse]

29. "Posse Comitatus" doesn't apply to any National Guard troops acting under control of the governor

of the state.

[jmg257]

25. Ah - so not federalizing NG units, but working with states through the AG...

Pursuant to Title 32 of the United States Code, State National Guard components are
employees of their respective states and are under the command of their Governors when they are
not in federal service. Based on their training and experience, these men and women are
particularly well-suited to assist in the enforcement of federal immigration law and augment
border security operations by Department components.

To maximize participation by state and local jurisdictions in the enforcement of federal
immigration law, I am directing the Director of ICE to engage with all willing and qualified law
enforcement jurisdictions for the purpose of entering into agreements under section 287(g) of the
INA. Additionally, I am directing the Commissioner of CBP and the Director of ICE to
immediately engage with the Governors of the States adjacent to the land border with Mexico and
those States adjoining such border States for the purpose of entering into agreements under
section 287(g) of the INA to authorize qualified members of the State National Guard, while such
members are not in federal service, or qualified members of a state militia or state defense force
under the command of the Governor, to perform the functions of an immigration officer in
relation to the investigation, apprehension, and detention of aliens in the United States.

INA 287(g)

(g) (1) 1/ Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the United States (including the transportation of such aliens across State line s to detention centers), may carry out such function at the expense of the State or political subdivision and to extent consistent with State and local law.

(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.

(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General.

(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.

(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or po litical subdivision.
...
(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.

[MineralMan]

28. Yes. That law appears to be the "out" in this.

It's more than a little alarming. It might just be up to Governors to decide whether to allow their guard units to do this duty. California's Governor won't, for sure, but other border states may not resist.

[jmg257]

31. Yes - that is the way I read it. But I also think federalizing the units might also be doable

under the Warner Act.

[MineralMan]

32. I'm not finding a Warner Act that impacts immigration.

Do you have a reference I can check?

[jmg257]

34. No worries - see my other post - links & text in there. nt

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=8668529

[MineralMan]

35. Gotcha.

John Warner. I'll head over there.

Looking at that stuff, I think such use of the National Guard would end up in a Federal District court immediately. Probably in the 9th District, at that.

It would be a stretch. However, if Trump could get Governors to go along with him on this...

[mr_lebowski]

41. The issue w/the Govs will be 'So, are you friggin' PAYING, Uncle Sam?'

And Easy-D either won't wanna pay, or if he does, it'll land up in court with someone arguing 'if US is paying for this, it's not really proper 'state control' hence disallowed as falling under Posse Comm'. No idea if that's a winner or not ... and the funds could also possibly be obfuscated or 'back-roomed' (hey Gov you're next in line for new Federal Prison, hows that sound?).

[MineralMan]

43. Yes, perhaps. I don't know. We'll have to wait and see what transpires.

I'm sure the ACLU is on alert for this possibility. It's out of my area of competence, really.

[jmg257]

47. Border states could go along, usually red already.

That was the targets in the memo.

[MineralMan]

48. That's what I'm thinking, too.

I don't know, though. This could even be a bogus thing. We'll have to wait and see. We won't have to wait long, though.

[jmg257]

49. Agree - other thread calling it bogus.

[SpankMe]

30. Republicans have lost all credibility and moral authority for a generation

They accused Obama of being an authoritarian dictator because he was using executive orders to eliminate discrimination and direct what few changes he legally could in federal gov't policies without legislation (owing to a mean spirited, obstructive Republican congress).

Yet everything Republicans and POTUS are doing right now actually is, in fact, authoritarian and dictatorial in nature - and orders of magnitude more severe than anything Obama could be accused of - and yet there's little to no pushback from Repubs in congress.

The hypocrisy level is off the scale.

It gets worse every day.

All I can think about is my kids and what this presidency will be leaving them and future generations. It ain't good.

[earthside]

36. It doesn't sound like WH is denying authenticity.

From the pro-Trump scandal rag, The Daily Mail ...

The 'administration' is not saying this memo is a forgery.
They are merely claiming that it was not circulated at the highest levels.

http://www.dailymail.co.uk/news/article-4235164/Trump-weighs-mobilizing-Nat-Guard-immigration-roundups.html

[Bernardo de La Paz]

37. White House has already DENIED this. Either bogus or a dye test for leakers by bogus document.

http://www.democraticunderground.com/10141705275

NOTE: AP called multiple times for a confirmation or denial before running the story and then Shauna SpiceGirl calls AP irresponsible while denying the story.

[agenasolva]

39. This is scary

[MFM008]

40. Good old tried and true

SS tactics.
This maggot wants revolution he's going to get it.

[Dark n Stormy Knight]

46. With this admin, denies very aptly sounds a lot like

lies.

[Brogrizzly]

50. I thought the press conference yesterday was scary.

This is horrific, how can it be day after day of this level of just insane making stuff?