Professor of Law Emeritus William C. Banks and Professor of Law Mark Nevitt of Emory University School of Law have co-authored “The Mounting Crisis of Militarizing Immigration Enforcement” at Just Security.
The article covers the historical, political, and legal aspects of the recent deployment of the military to Los Angeles for immigration enforcement. This includes the Insurrection Act and the Posse Comitatus Act, among other statutes.
In summary, the writers state, “The United States has historically been widely respected for its tradition of entrusting law enforcement to civilians–federal agents, local and state police, sheriffs, constables. By contrast, the uniformed military fights wars and keeps Americans safe from foreign adversaries and it is only episodically needed for domestic assignment. American traditions are reflected in the Constitution and are explained in part by antipathy to the English Crown and the heavy-handed use of the British military in the colonies. Although the Constitution enabled Congress to Call Forth the Militia (today’s National Guard) to “repel invasions,” the grant of authority was understood to anticipate the possibility of war being brought to the United States, not to facilitate reaching arbitrarily assigned deportation quotas.”