Can the Military Enforce Immigration Law?

[Doc7505]

Can the Military Enforce Immigration Law?​

Can the Military Enforce Immigration Law?

The Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.

cis.org

26 Jun 2025 ~~ By Mark Krikorian & George Fishman



This week’s episode of the Parsing Immigration Policy podcast delves into the Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.
The Insurrection Act allows presidents to deploy federal troops not only in cases of insurrection but also when federal law can’t practicably be enforced through conventional means. The Posse Comitatus Act, which many point to as preventing such a use of troops, is not the obstacle many assume it is.
President Trump so far has only tasked troops with protection of federal facilities and agents, but, if he chooses to exercise it, he does have authority under the Insurrection Act to put them to work actually enforcing immigration law.
“The Insurrection Act has been invoked by leaders of both parties to protect civil rights and to enforce federal law. President Trump would have ample justification to use the Insurrection Act to allow the U.S. military to assist with large-scale deportation efforts,” said podcast guest George Fishman, Senior Legal Fellow at the Center for Immigration Studies and former Deputy General Counsel at DHS.
Historical precedent:
Over the past more than 200 years, presidents have relied on the Insurrection Act to deal with some 30 crises.
Presidents of both parties have relied on the Insurrection Act: Grant to suppress the early KKK, Cleveland to protect Chinese immigrants, Eisenhower, Kennedy, and Johnson to enforce civil rights for African Americans, Bush to restore order during the 1992 LA riots.
Misconceptions about the Posse Comitatus Act (PCA):
The PCA does not apply where Congress has explicitly authorized military use — such as under the Insurrection Act.
Immigration enforcement today:
The president is unable with regular forces to implement laws of the United States:

• More than 15 million illegal aliens are in the U.S.
• 3.6 million backlog in immigration court
• 1.4 million aliens have final removal orders, yet remain at large.
• Millions of removable aliens were released by the Biden administration, and ICE has no knowledge of their location
• ICE has only 6,000 officers to manage enforcement nationwide.

Commentary:
First the estimated number of illegal aliens that the Joey Xi Baidung and Mayorkas allowed in is higher than 20 million.
The fact is that DSA Marxist Democrats created this crisis, Baidung was just their hammer. It’s the only way they will win an election anytime soon after throwing away much of their base to please small radical one-issue minorities and illegal aliens.
Biadung and Mayorkas violated their oaths of office and their sworn duty to uphold the constitution by completely ignoring it.
Both parties passed the immigration laws and both parties have ignored what they passed.
The Baidung's argument that, "We need new law before I can act on immigration" was absurd. As President Trump said in his address to Congress, "We didn't need new law. All we needed was a New President."
Thank Goodness that today's SCOTUS ruling lets the president be president.
Secondly, Constitutionally, the military can be used to protect protect our borders and in times of crisis (i.e., 20 million plus illegal aliens within our country) with the possibility of terrorist acts occurring order must be restored and the illegals deported. That is a monumental task and the agencies tasked with the burden are too small. At the present time there are about 45,000 Custom's and Border agents tasked to solve this problem,

 

[Donald H]

The US military can never be asked to enforce immigration laws in a meaningful way that could result in Trump's deceitful agenda.

Accept reality instead of feelz good. The illegal immigrants are too busy working! Why live Trump's destructive lies when they're being spun for nothing more than political gain?

 

[White 6]

They can now, whether meant to or not, whether against the constitution or not. The only thing that can interfere in Trump Law is the Supreme Court, for what that is worth, whether chaotic or not.

 

[Failzero]

Embed USAF Police and Local Police & Sheriffs Deputies and ICE Agents and DHS agents and FBI agents and USFS Rangers and BLM Rangers and National Park Service Rangers … with NG / MIL units as oversight and arrest capability

 

[Kilroy2]

Posse Comitatus Act limits direct military arrests; troops provide logistical support and processing. limits direct military arrests; troops provide logistical support and processing.

So Trump has reduced the military to being errand boys and girls. Just what they signed up for.

To think the Draft doger Trump would make the military do his bidding.

So what is this act made in the 1800's that Trump has to deal with.

The Posse Comitatus Act bars federal troops from participating in civilian law enforcement except when expressly authorized by law.

Meaning Congress has to pass a law
Instead he just orders them to babysit and what can they do or say

Trump ignores the laws of the land for his own selfish goals.

History will not be kind to him and meeting recruiting numbers may be hard.

 

[Donald H]

They can now, whether meant to or not, whether against the constitution or not. The only thing that can interfere in Trump Law is the Supreme Court, for what that is worth, whether chaotic or not.
View attachment 1129969

Should there be a self-imposed penalty for faithfully leading the discussion off topic, to include the rest of the world when the issue here is America?

Can the Military Enforce Immigration Law?

in America? .

 

[Failzero]

An Air Force Police Officer can arrest an American Civilian in America , a USFS Park Ranger embedded with 5 US Marines can arrest a Civilian in America …

 

[Seymour Flops]

I don't know about the legality of using National Guard or Regular Army troops to assist with arresting illegal aliens, and I don't know to what extent those troops are actually "making arrests" rather than detaining the criminals for law enforcement to arrest. Nor do I know whether that would make it legal if it is not legal for the troops to make arrests.

But, I do know this: The laws and the U.S. Constitution are not suicide pacts. The flood of illegals that Biden invited in have created a crises for law enforcement, as well as social services. Citizens, lawful residents, and illegal aliens themselves have been made unsafe.

Therefore, I support Trump doing whatever he can to get rid of those criminals, until the USSC rules a particular action specifically unlawful.

 

[Failzero]

An Air Force Police Officer can arrest an American Civilian in America , a USFS Park Ranger embedded with 5 US Marines can arrest a Civilian in America …

This is proven law

 

[Winston]

Can the Military Enforce Immigration Law?​

Can the Military Enforce Immigration Law?

The Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.

cis.org

26 Jun 2025 ~~ By Mark Krikorian & George Fishman



This week’s episode of the Parsing Immigration Policy podcast delves into the Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.
The Insurrection Act allows presidents to deploy federal troops not only in cases of insurrection but also when federal law can’t practicably be enforced through conventional means. The Posse Comitatus Act, which many point to as preventing such a use of troops, is not the obstacle many assume it is.
President Trump so far has only tasked troops with protection of federal facilities and agents, but, if he chooses to exercise it, he does have authority under the Insurrection Act to put them to work actually enforcing immigration law.
“The Insurrection Act has been invoked by leaders of both parties to protect civil rights and to enforce federal law. President Trump would have ample justification to use the Insurrection Act to allow the U.S. military to assist with large-scale deportation efforts,” said podcast guest George Fishman, Senior Legal Fellow at the Center for Immigration Studies and former Deputy General Counsel at DHS.
Historical precedent:
Over the past more than 200 years, presidents have relied on the Insurrection Act to deal with some 30 crises.
Presidents of both parties have relied on the Insurrection Act: Grant to suppress the early KKK, Cleveland to protect Chinese immigrants, Eisenhower, Kennedy, and Johnson to enforce civil rights for African Americans, Bush to restore order during the 1992 LA riots.
Misconceptions about the Posse Comitatus Act (PCA):
The PCA does not apply where Congress has explicitly authorized military use — such as under the Insurrection Act.
Immigration enforcement today:
The president is unable with regular forces to implement laws of the United States:

• More than 15 million illegal aliens are in the U.S.
• 3.6 million backlog in immigration court
• 1.4 million aliens have final removal orders, yet remain at large.
• Millions of removable aliens were released by the Biden administration, and ICE has no knowledge of their location
• ICE has only 6,000 officers to manage enforcement nationwide.

Commentary:
First the estimated number of illegal aliens that the Joey Xi Baidung and Mayorkas allowed in is higher than 20 million.
The fact is that DSA Marxist Democrats created this crisis, Baidung was just their hammer. It’s the only way they will win an election anytime soon after throwing away much of their base to please small radical one-issue minorities and illegal aliens.
Biadung and Mayorkas violated their oaths of office and their sworn duty to uphold the constitution by completely ignoring it.
Both parties passed the immigration laws and both parties have ignored what they passed.
The Baidung's argument that, "We need new law before I can act on immigration" was absurd. As President Trump said in his address to Congress, "We didn't need new law. All we needed was a New President."
Thank Goodness that today's SCOTUS ruling lets the president be president.
Secondly, Constitutionally, the military can be used to protect protect our borders and in times of crisis (i.e., 20 million plus illegal aliens within our country) with the possibility of terrorist acts occurring order must be restored and the illegals deported. That is a monumental task and the agencies tasked with the burden are too small. At the present time there are about 45,000 Custom's and Border agents tasked to solve this problem,

Wow, Mark Krikorian and George Fishman, both from the Center for Immigration Studies, believe Trump can use the insurrection act to enforce immigration law. What a surprise. NOT, the CIS is a propaganda outfit that conducts bad research and misrepresents numbers, in a huge way. Krikorian is one of the prime authors of Project 2025. I mean that is two tiny little men right there, scared little men. I am going to burn a little over half an hour and listen to the podcast. I just got to get my mind right.

But the answer to your question is right there in the OP. The Insurrection Act can be used to protect civil rights and enforce federal law. Whose civil rights would those soldiers be protecting? The citizens? I don't think so. And what federal law are many of these deportees violating? None for many. Waiting for a hearing in immigration court, perhaps seeking asylum, legally. Hell, maybe even going to school here, and paying full tuition. The Trump administration has massively and unilaterally, revoked Visa's. Those are the people they are deporting.

Think about it for a moment. Even run with the Republican narrative. Biden allowed a massive amount of immigrants to legally enter the country, many on expedited asylum requests. Millions with active green cards, legally working and paying taxes. The day Trump took office there were millions of illegal immigrants. Problem is, by his own actions, Trump has massively increased the number of illegal immigrants, coverting millions of legal immigrants to illegal. It is those that he is deporting. Not even making a dent in the numbers, wait and see.

There is no invasion, outside the one Trump has created for himself. I mean it really is a clown show. I mean a backlog in the millions for immigration hearings? Du Huh, hello? Can we please hire some judges? But using the Insurrection Act? Oh, you mean like how Grant used it six times. The Colfax massacre, the Vicksburg massacre, hell the Brooks-Baxter war. I mean a flippin damn full blown WAR. Over a damn governor's election, in Arkansas no less, LOL. I like Cleveland, three times, all three, protecting immigrants, not rounding them up. Protecting them from violent white mobs, just like Grant was doing. The Tacoma riot, the Seattle riot.

No, this is more like Hoover, who, for some reason, Trump seems to admire. Sending troops to California was a lot like Hoover, and the bonus army. What a sad part of American history. See, his actions, of sending in those troops, under the command of none other than MacArthur, turning horses, and tanks, on Veterans and their families in the depth of the depression. And damn WWI vets, that war was hell and then some. That is the type of action, which was later ruled completely illegal, that Trump is emulating here.

But the Republican party needs to get back to their roots. WWRD. What Would Ronnie Do? Reagan invoked the Insurrection Act one time, in response to a prison riot in Atlanta, Cuban refugees no less, held in confinement, were going to be sent back to Cuba. Those Cubans controlled that prison for eleven days, took more than a hundred hostages. To this day, the longest running prison standoff in US history. And they got results through negotiation.

But when you look back at history and the use of the Insurrection Act, well it clearly reveals what a showman Trump is. It is all show, I mean might as well build a national coliseum, we can have gladiators and everything. Watch the tiger chase the illegal immigrants. Make it pay for view, all proceeds go to the Republican Party.

 

[Mac-7]

Can the Military Enforce Immigration Law?​

Can the Military Enforce Immigration Law?

The Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.

cis.org

26 Jun 2025 ~~ By Mark Krikorian & George Fishman



This week’s episode of the Parsing Immigration Policy podcast delves into the Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.
The Insurrection Act allows presidents to deploy federal troops not only in cases of insurrection but also when federal law can’t practicably be enforced through conventional means. The Posse Comitatus Act, which many point to as preventing such a use of troops, is not the obstacle many assume it is.
President Trump so far has only tasked troops with protection of federal facilities and agents, but, if he chooses to exercise it, he does have authority under the Insurrection Act to put them to work actually enforcing immigration law.
“The Insurrection Act has been invoked by leaders of both parties to protect civil rights and to enforce federal law. President Trump would have ample justification to use the Insurrection Act to allow the U.S. military to assist with large-scale deportation efforts,” said podcast guest George Fishman, Senior Legal Fellow at the Center for Immigration Studies and former Deputy General Counsel at DHS.
Historical precedent:
Over the past more than 200 years, presidents have relied on the Insurrection Act to deal with some 30 crises.
Presidents of both parties have relied on the Insurrection Act: Grant to suppress the early KKK, Cleveland to protect Chinese immigrants, Eisenhower, Kennedy, and Johnson to enforce civil rights for African Americans, Bush to restore order during the 1992 LA riots.
Misconceptions about the Posse Comitatus Act (PCA):
The PCA does not apply where Congress has explicitly authorized military use — such as under the Insurrection Act.
Immigration enforcement today:
The president is unable with regular forces to implement laws of the United States:

• More than 15 million illegal aliens are in the U.S.
• 3.6 million backlog in immigration court
• 1.4 million aliens have final removal orders, yet remain at large.
• Millions of removable aliens were released by the Biden administration, and ICE has no knowledge of their location
• ICE has only 6,000 officers to manage enforcement nationwide.

Commentary:
First the estimated number of illegal aliens that the Joey Xi Baidung and Mayorkas allowed in is higher than 20 million.
The fact is that DSA Marxist Democrats created this crisis, Baidung was just their hammer. It’s the only way they will win an election anytime soon after throwing away much of their base to please small radical one-issue minorities and illegal aliens.
Biadung and Mayorkas violated their oaths of office and their sworn duty to uphold the constitution by completely ignoring it.
Both parties passed the immigration laws and both parties have ignored what they passed.
The Baidung's argument that, "We need new law before I can act on immigration" was absurd. As President Trump said in his address to Congress, "We didn't need new law. All we needed was a New President."
Thank Goodness that today's SCOTUS ruling lets the president be president.
Secondly, Constitutionally, the military can be used to protect protect our borders and in times of crisis (i.e., 20 million plus illegal aliens within our country) with the possibility of terrorist acts occurring order must be restored and the illegals deported. That is a monumental task and the agencies tasked with the burden are too small. At the present time there are about 45,000 Custom's and Border agents tasked to solve this problem,

From your article I would not be surprised if there are 30-50 million migrants in the US rather than a mere 15 mil

 

[Winston]

From your article I would not be surprised if there are 30-50 million migrants in the US rather than a mere 15 mil

That is just exceedingly stupid. Fifty million? Seriously, one in seven are illegal? Just totally unrealistic.

 

[Mac-7]

That is just exceedingly stupid. Fifty million? Seriously, one in seven are illegal? Just totally unrealistic.

I dont claim to know how many migrant illegals are here

And neither does anyone else

But it would not surprise me to find there are 40 million

 

[Failzero]

My guess is if you add Getaways , Visa Overstayers and slated for Deportation it’s 13-16 Million over last 20 years

 

[Doc7505]

Posse Comitatus Act limits direct military arrests; troops provide logistical support and processing. limits direct military arrests; troops provide logistical support and processing.

So Trump has reduced the military to being errand boys and girls. Just what they signed up for.

To think the Draft doger Trump would make the military do his bidding.

So what is this act made in the 1800's that Trump has to deal with.

The Posse Comitatus Act bars federal troops from participating in civilian law enforcement except when expressly authorized by law.

Meaning Congress has to pass a law
Instead he just orders them to babysit and what can they do or say

Trump ignores the laws of the land for his own selfish goals.

History will not be kind to him and meeting recruiting numbers may be hard.

~~~~~~
That idea went out of the window when MOP's destroyed Iran's aspirations for nuclear weapons...

 

[Doc7505]

My guess is if you add Getaways , Visa Overstayers and slated for Deportation it’s 13-16 Million over last 20 years

~~~~~~
I think you're off by a few million.
A.I Says: "Between 2021 and 2024, there were over 10.8 million total border encounters, which includes more than 2 million known "gotaways" who evaded capture. This significant influx reflects a combination of apprehensions and individuals who successfully crossed the border without being detected."
The total numbers are impossible to really know if you include the last 20 years.

Read more:

https://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf

xxxxxxxxxx​

New data on migrant 'gotaways' shows a big increase during Biden administration

Sen. Mike Lee responded to the news on social media.

www.deseret.com

 

[JohnDB]

I'm OK with deporting Muslim Extremists who actively demonstrate in the streets with "River to the Sea" chanting....even if it requires NATIONAL GUARD troops to do so.
Not Marines, Army, or Navy...(Air Force and Space Force are country club members....not their forte)

 

[Kilroy2]

the U.S. federal law that empowers the president of the United States to nationally deploy the U.S. military and to federalize the National Guard units of the individual states in specific circumstances, such as the suppression of civil disorder, of insurrection, and of armed rebellion against the federal government of the U.S

Its a stretch to use them for illegal aliens.
Specific circumstances

The examples clearly indicate a violent nature

So to use if for what Trump wants is stretching it to the level of anything goes

 

[Mac-7]

Can the Military Enforce Immigration Law?​

Can the Military Enforce Immigration Law?

The Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.

cis.org

26 Jun 2025 ~~ By Mark Krikorian & George Fishman



This week’s episode of the Parsing Immigration Policy podcast delves into the Insurrection Act, its historical uses, and whether it could legally authorize the use of the military to assist in the arrest and removal of illegal aliens.
The Insurrection Act allows presidents to deploy federal troops not only in cases of insurrection but also when federal law can’t practicably be enforced through conventional means. The Posse Comitatus Act, which many point to as preventing such a use of troops, is not the obstacle many assume it is.
President Trump so far has only tasked troops with protection of federal facilities and agents, but, if he chooses to exercise it, he does have authority under the Insurrection Act to put them to work actually enforcing immigration law.
“The Insurrection Act has been invoked by leaders of both parties to protect civil rights and to enforce federal law. President Trump would have ample justification to use the Insurrection Act to allow the U.S. military to assist with large-scale deportation efforts,” said podcast guest George Fishman, Senior Legal Fellow at the Center for Immigration Studies and former Deputy General Counsel at DHS.
Historical precedent:
Over the past more than 200 years, presidents have relied on the Insurrection Act to deal with some 30 crises.
Presidents of both parties have relied on the Insurrection Act: Grant to suppress the early KKK, Cleveland to protect Chinese immigrants, Eisenhower, Kennedy, and Johnson to enforce civil rights for African Americans, Bush to restore order during the 1992 LA riots.
Misconceptions about the Posse Comitatus Act (PCA):
The PCA does not apply where Congress has explicitly authorized military use — such as under the Insurrection Act.
Immigration enforcement today:
The president is unable with regular forces to implement laws of the United States:

• More than 15 million illegal aliens are in the U.S.
• 3.6 million backlog in immigration court
• 1.4 million aliens have final removal orders, yet remain at large.
• Millions of removable aliens were released by the Biden administration, and ICE has no knowledge of their location
• ICE has only 6,000 officers to manage enforcement nationwide.

Commentary:
First the estimated number of illegal aliens that the Joey Xi Baidung and Mayorkas allowed in is higher than 20 million.
The fact is that DSA Marxist Democrats created this crisis, Baidung was just their hammer. It’s the only way they will win an election anytime soon after throwing away much of their base to please small radical one-issue minorities and illegal aliens.
Biadung and Mayorkas violated their oaths of office and their sworn duty to uphold the constitution by completely ignoring it.
Both parties passed the immigration laws and both parties have ignored what they passed.
The Baidung's argument that, "We need new law before I can act on immigration" was absurd. As President Trump said in his address to Congress, "We didn't need new law. All we needed was a New President."
Thank Goodness that today's SCOTUS ruling lets the president be president.
Secondly, Constitutionally, the military can be used to protect protect our borders and in times of crisis (i.e., 20 million plus illegal aliens within our country) with the possibility of terrorist acts occurring order must be restored and the illegals deported. That is a monumental task and the agencies tasked with the burden are too small. At the present time there are about 45,000 Custom's and Border agents tasked to solve this problem,

The best use of the military is along the border with mexico

And in quelling lib riots in deep blue cities

Which is largely what trump is doing

 

[John Edgar Slow Horses]

Sure, if the SCOTUS kills posse comitatus.