Department of Defense Security for the Protection of Department of Homeland Security Functions
Summary
This Presidential Memorandum directs the Secretary of Defense to call into federal service members and units of the National Guard, potentially augmented by regular Armed Forces, to protect U.S. Immigration and Customs Enforcement (ICE) personnel and federal property. This action is in response to recent incidents of violence and disorder related to the enforcement of federal immigration laws. The memorandum cites the President's authority under the Constitution and 10 U.S.C. 12406.
Expected Effects
The action will result in the deployment of at least 2,000 National Guard personnel for 60 days, or longer at the discretion of the Secretary of Defense. These forces are authorized to perform military protective activities deemed necessary by the Secretary of Defense to ensure the safety of federal personnel and property.
Potential Benefits
- Enhanced protection for federal personnel and property.
- Potential reduction in violence and disorder related to immigration enforcement.
- Support for the faithful execution of federal immigration laws.
- Increased security at federal immigration detention facilities.
- Reinforcement of the authority of the federal government.
Most Benefited Areas:
Potential Disadvantages
- Potential for escalation of tensions between protesters and military personnel.
- Concerns about the militarization of domestic law enforcement.
- Possible infringement on the right to peaceful assembly and protest.
- Financial costs associated with deploying the National Guard and potentially regular Armed Forces.
- Potential for negative public perception and erosion of trust in government.
Constitutional Alignment
The memorandum cites the President's authority under the Constitution, but the specific constitutional basis is not explicitly stated. The use of the military for domestic law enforcement raises concerns under the Posse Comitatus Act, although exceptions exist, particularly when authorized by law. The First Amendment right to assemble and protest peaceably must also be considered. The President's power as Commander-in-Chief may be relevant, but its application in this context is debatable.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).