Crossing the Line: A Study of the Legal Permissibility of Using Federalized Troops to Protect the Nation's Borders

Abstract

The attacks of 11 September 2001 showed that America has problems with its immigration system. The nineteen hijackers involved in these attacks took advantage of a problematic immigration system to penetrate the U.S. and wreak havoc. The porous border between the U.S. and its neighbors is another means by which terrorists can enter America. This thesis examined the legal permissibility of using federal troops to protect the nation's borders. It explored the growing problem American has with illegal immigration and how that problem is a threat to national security. The only viable solution to the border security problem is an increased presence along the border. The military is a source of manpower to supplement the United States Border Patrol (USBP). Asking federal troops to assist with border security, though, can create problems with the Posse Comitatus Act (PCA). This thesis used a legal methodology to examine this issue. The legal material analyzed in the course of this study showed that, barring a change in the PCA, the most that federal troops can provide is limited assistance. Based on these findings, the recommendation of this study is that federal troops and USBP agents work in concert to protect the nation s borders.

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Document Details

Document Type
Technical Report
Publication Date
Jun 06, 2003
Accession Number
ADA416373

Entities

People

  • Melvin G. Deaile

Organizations

  • United States Army Command and General Staff College

Tags

Communities of Interest

  • C4I
  • Counter WMD
  • Ground and Sea Platforms
  • Human Systems

DTIC Thesaurus Topics

  • Air Force
  • Border Security
  • Congress
  • Department Of Homeland Security
  • Employment
  • Homeland Defense
  • Homeland Security
  • Law
  • Military Applications
  • Military Personnel
  • Military Science
  • National Politics
  • National Security
  • Personnel Management
  • Undocumented Noncitizens
  • United States
  • United States District Courts

Readers

  • Government and Public Administration Law.
  • Political Violence and Terrorism Studies.
  • Strategic Security Studies