US Troops Can Make Arrests in Militarized Border Zones, DOJ Says – 🔔 The Liberty Daily

(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.

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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.

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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.

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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.

(*) Full article: https://thelibertydaily.com/us-troops-can-make-arrests-militarized-border-zones/