(The Epoch Times)—U.S. troops deployed at designated border defense zones should have the authority to make arrests, according to an advisory opinion authored by the Department of Justice’s Office of Legal Counsel and published on Aug. 14.
Though a U.S. law known as the Posse Comitatus Act generally prohibits federal U.S. troops from engaging in domestic law enforcement activities, President Donald Trump has increasingly called on the military to help secure the border and disrupt illegal crossing attempts.
The new opinion from the Justice Department concludes that U.S. troops would not violate the Posse Comitatus Act by arresting individuals suspected of committing offenses in a designated National Defense Area.
Last year, Trump issued a presidential memorandum that called for the establishment of National Defense Areas along the border. Since then, the U.S. government has designated six of these zones along sections of the border in California, Arizona, New Mexico, and Texas.
“Our Office and the courts have consistently recognized that the [Posse Comitatus Act] ‘does not prohibit military involvement in actions that are primarily military or foreign affairs related, even if they have an incidental effect on law enforcement, provided that such actions are not undertaken for the purpose of executing the laws,’” the Office of Legal Counsel said.
The Office of Legal Counsel also noted that commanders of U.S. military bases have historically held the authority to maintain law and order on those bases, including by stopping outside trespassers.
Further, the Office of Legal Counsel assessed that U.S. troops on military installations may arrest individuals “just outside” a military installation for violations that occurred on said installation.
Under federal law, trespassing on a military installation is a misdemeanor offense punishable by up to six months in prison and a $500 fine. Violating defense property security regulations is a misdemeanor punishable by up to a year in prison and a $100,000 fine.
The American Civil Liberties Union has shared concerns that these National Defense Areas—some of which cover open terrain with no standing structures—are not well-marked, raising the possibility of accidental trespassing, including by U.S. citizens living in the vicinity.
Last year, a federal judge dismissed dozens of cases in which illegal immigrants were accused of trespassing through a National Defense Area in New Mexico. Chief U.S. Magistrate Judge Gregory Wormuth ruled the government had insufficient evidence to prove the defendants were violating security regulations when they entered the areas, as they may have missed the signs.
Aldgra Fredly contributed to this report.
