Trump says the military will secure the southern border until wall can be built

Maj Marty Hogan - I had a number of airmen on active duty at various times on the border, usually with CBP at checkpoints/crossings. They were always Title 32 to avoid a Posse Comitatus issue. I will note that this was in the 90s, as I retired before 9/11.

GySgt Olson- you are correct on the TF-6 part. I was in 2/16 Inf Regt and the Task/Purpose was to conduct a screen in depth, report contact, and provide support to Federal law enforcement. It was a support mission with no direct contact with any of the individuals. To me it was a show of force. Everyone could here our Bradleys moving around at night and I think it is a deterrent force used to funnel individuals into a known location for law enforcement actions.

Capt Gregory Prickett - I can't recall our status- they were over 30 days so I am guessing Title 10. We did the missions from 2001- around 2008 when we couldn't support it any longer. It still exists, but not sure in what fashion today. The troops that did it liked it a lot. They built fences, patrolled, and a few other tasks I can't recall.

Maj Marty Hogan - normally the Guard is ordered to active duty under Title 32, unless they are going overseas. All of my guys that were at Customs checkpoints in the 90s were Title 32, and they were normally on 12 month orders.

If they're INSIDE the border already, how do you know their status?

Surveillance. Aerial assets belonging to the military can be used in conjunction with the border patrol. You are legally allowed to follow them for 25 miles, or 30 minutes and has to be continuous. Thereafter military can make spot reports to the border patrol.

Whyether or not anyone thinks it"should' apply, it does apply for law enforcement actions inside the US.
Also, Trump[ can order the NG anywhere unless he federalizes it and if Governors deploy the the pay the deployed troops at DRILL rate. just like the recently did In PR when states sent non-federalized troops, and that get very expensive very fast,

The word "should" means that the written intent is unclear on the president's use of the military on the border. Under current rules/law the active duty cannot perform policing actions on our soil however, the national guard can. If the president's use of the word "military" refers to the national guard then he most certainly can send us to the border to assist with law enforcement...Granted, "staying in private homes" is not directly posse comitatus related but I figured it would come up anyway hence the word nor v/s or.

BTW, nice google job on 18USC. While you are looking, check out case law and legal precedence pertaining to the subject. It is quite enlightening.

CPT Jack Durish - The minute someone steps foot om US soil American law applies to them and PC applies since it is a criminal matter. Have you researched it at all?

GySgt John Olson - it does apply for the Marines, it does not apply for the National Guard if they are in Title 32 status (state controlled active duty). The attached clip is from App. D of a Rand Corp. study, Preparing the U.S. Army for Homeland Security. There is an entire chapter devoted to border control, and the study notes that "Routine enforcement of immigration and naturalization laws [] should be handled by civilian law enforcement organizations." Id, at 139.

JTF-6 (now JTF North) was an anti-drug operation, falling under a different exception with different rules.

CPT Jack Durish - a) it is not an "invasion" regardless of Trump's rhetoric; and b) they are not terrorists according to federal law.

The National Guard can operate on the border, it's more dicey for federal troops if you are intending that they enforce immigration law.

GySgt John Olson - That's usually the reason they use both the ARNG and ANG. If you look back at David Koresh and the Waco siege, the military vehicles assisting the FBI were crewed with ARNG soldiers because they weren't subject to the Posse Comitatus restrictions.