Military Mission for Sealing the Southern Border of the United States and Repelling Invasions
Summary
This presidential memorandum directs the Secretaries of Defense, Interior, Agriculture, and Homeland Security to take actions to secure the southern border of the United States. It assigns the military the mission of repelling invasions and sealing the border from unlawful entry. The memo authorizes the Department of Defense to utilize federal lands, including the Roosevelt Reservation, for border barrier construction and the emplacement of detection and monitoring equipment.
The Secretary of the Interior is authorized to make withdrawals, reservations, and restrictions of public lands for utilization by the Department of Defense to address the emergency at the southern border. The Secretary of Defense may determine necessary military activities to accomplish the assigned mission.
The memorandum also provides for phased implementation and coordination among the relevant departments and agencies. It affirms the authority of the Secretary of Defense to authorize National Guard activities and clarifies that it does not create any enforceable right or benefit against the United States.
Expected Effects
This action will likely lead to increased military presence and activity along the southern border. It will also result in the construction of border barriers and the deployment of monitoring technology on federal lands. The transfer of jurisdiction over federal lands to the Department of Defense will likely occur.
It could also lead to legal challenges regarding the scope of presidential authority and the use of military force in domestic law enforcement. The invocation of 43 U.S.C. 155 allows for land withdrawals without limitations typically imposed by the Engle Act.
Potential Benefits
- Enhanced border security and reduced illegal immigration.
- Increased protection of national sovereignty and territorial integrity.
- Improved coordination among federal agencies in addressing border threats.
- Potential for deterring criminal activity and drug trafficking along the border.
- Strengthened military readiness and capabilities in border security operations.
Most Benefited Areas:
Potential Disadvantages
- Potential for militarization of the border and increased use of force.
- Negative impact on individual liberties and civil rights of border residents.
- Environmental damage from border barrier construction and military activities.
- Strained relations with neighboring countries and international organizations.
- Legal challenges and constitutional concerns regarding the scope of executive power.
Constitutional Alignment
The memorandum cites the President's authority as Commander in Chief under the Constitution to protect the homeland and ensure territorial integrity. However, the extent to which the military can be deployed for domestic law enforcement is a complex constitutional question. Article I, Section 8 grants Congress the power to regulate immigration and declare war, raising questions about the President's unilateral authority in this area.
The invocation of 43 U.S.C. 155 and the potential limitations on individual liberties raise concerns about due process and the separation of powers. The First, Fourth, and Fifth Amendments could be implicated depending on the implementation of this memorandum.
While the President has broad authority over national security, the Constitution also establishes checks and balances to prevent abuse of power. The alignment with the Constitution depends on the specific actions taken and whether they infringe upon individual rights or congressional authority.
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).