Saturday 18 February 2017

Republican governor: 'Serious constitutional concerns' about deploying the National Guard for immigration enforcement – Business Insider


ice immigration raid
Foreign
nationals are arrested in Los Angeles throughout a focused
enforcement operation carried out in February by Immigration and
Customs Enforcement aimed toward immigration fugitives, re-entrants,
and at-giant felony aliens.

US
Immigration and Customs Enforcement by way of Associated
Press


Republican governors stated that they had “concerns” about a Friday

Associated Press report
 relating to a leaked draft
memo written by the Department of Homeland Security that proposed
mobilizing as many as 100,000 National Guard troops to spherical up
and deport unauthorized immigrants. 

The
draft of the memo
, which appeared to have been written by DHS
Secretary John Kelly, talked about mobilizing National Guard troops
in 11 states as far north as Oregon. State governors might select
whether or not they needed their National Guard troops to take part,
based on the memo.

Republican governors have been fast to react to the report on Friday
morning.

“While we haven’t had any contact from the Administration in
regard to this challenge, I might have considerations about the utilization
of National Guard assets for immigration enforcement with the
present deployment obligations our guardsmen have abroad,”
Arkansas Gov. Asa Hutchinson informed Business Insider.

“During my time at Homeland Security, we utilized National Guard
partnerships for particular obligations alongside the border, so
the idea is ok, nevertheless it’s a matter of assets,” stated
Hutchinson, who served beneath President George W. Bush as the
undersecretary for border transportation and safety beneath after
9/11. “In Arkansas, I consider it might be an excessive amount of of a pressure on
our National Guard personnel.”

Utah Gov. Gary Herbert informed Business Insider that “whereas we
can’t speculate as to what could also be requested by way of official
channels in the future, we’ve got critical constitutional considerations
about activating the National Guard to offer the talked about
providers and the potential monetary impacts of doing so.”


Hurricane Katrina National Guard
Members
of the 82nd Airborne speak to Hurricane Katrina holdouts in New
Orleans on September 11, 2005.

Brian
Snyder/REUTERS


Mari St. Martin, the communications director for Nevada Gov.
Brian Sandoval, advised Business Insider that it hadn’t been
contacted by DHS relating to the draft memo.

“It’s untimely to touch upon potential actions relating to the
Nevada National Guard and its citizen-troopers based mostly solely on
a draft memo and out of doors hypothesis,” St. Martin said. “The
governor stated earlier this morning that he did not assume it was an
applicable use of the guard.”

John Wittman, the press secretary for the Texas governor’s
workplace, informed Business Insider: “The Office of the Governor has
not acquired, a lot much less seen, a memo or request from the White
House or Department of Homeland Security relating to the use of
Texas National Guard troops for immigration enforcement. … The
White House has adamantly denied there are efforts underway to
mobilize the National Guard for this function.”

The Louisiana governor’s workplace advised Business Insider that it
hadn’t been contacted by the Trump administration relating to the
memo. The Oklahoma governor’s workplace informed Business Insider that
it will be “premature to discuss” the memo, as the workplace hasn’t
seen the doc. The Colorado governor’s workplace additionally advised
Business Insider it hadn’t been contacted by the Trump
administration.

A DHS consultant
told Business Insider
that the AP report was “incorrect,” and
that the division was “not contemplating mobilizing the National
Guard for immigration enforcement.”

Sean Spicer, President Donald Trump’s press secretary, referred to as the
AP’s reporting “false” and “irresponsible” on Friday morning.


Sean Spicer
Sean
Spicer.

Kevin Lamarque/Getty
Images


“It is irresponsible to be saying this,” Spicer stated, in accordance
to a pool report. “There is not any effort in any respect to spherical up — to
make the most of the National Guard to spherical up unlawful immigrants. I want
you guys had requested earlier than you tweeted.”

An AP reporter stated that the wire service
had requested comment
from the White House a number of occasions
earlier than publishing. Spicer, in the meantime, stated he did not know if the
draft memo had been thought-about by the DHS and that he knew of “no
effort to do what’s probably instructed.”

Another DHS official told
Cox Media
producer Dorey Scheimer that the immigration memo
was “a really early, pre-decisional draft … and was by no means
significantly thought-about by the division.”

Reaz Jafri, an immigration skilled and a associate at Withers
Bergman, informed Business Insider on Friday morning that the DHS
memo can be “subject to immediate legal challenges” as a result of it
would permit the National Guard to carry out the perform of
Immigration and Customs Enforcement officers — together with the
“apprehension and detention of people which have dedicated no
crime and should in any other case have a legal foundation, underneath our immigration
legal guidelines, to be in the US.”

Claude Arnold, a former ICE particular agent who now
works for Frontier Solutions, a Virginia-based disaster-administration
agency, informed Business Insider that utilizing the National Guard to
implement immigration legal guidelines just isn’t “legally or virtually
possible.”

Arnold pointed to the Posse Comitatus Act, a federal law
that limits the energy of army personnel to implement home
insurance policies — like immigration legal guidelines — inside the US. However, Arnold
stated that beneath the Bush Administration, National Guard
forces have been deployed alongside borders to behave as “eyes and
ears,” and supply supplementary gear to help CBP
officers. 

The Trump administration has signed government orders
increasing the scope and abilities
of each ICE and Customs
and Border Protection officers to detain unauthorized
immigrants. Trump himself stated throughout the marketing campaign that he would

create a “deportation force”
to spherical up unauthorized
immigrants.

Business Insider has reached out to the governors’ workplaces in the
11 states affected by this memo and can replace this story as we
hear again.

Michelle Mark contributed to this report.


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