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CBS News' David Martin received a memo signed by White House chief of staff John Kelly stating that troops could use force, including lethal force if necessary, to protect federal personnel from the southern border. Defense Secretary James Mattis, however, insisted that the troops would not be armed with firearms.
The memo, dated Tuesday, indicates that troops at the border "may exercise military protection activities that the Secretary of Defense deems reasonably necessary to ensure the protection of federal personnel, including the use of demonstration or recourse to force (including lethal force, if any), crowd control, pre-trial detention and superficial search ".
"The deployed military personnel should not, without further instructions from you, conduct traditional civilian activities such as arrests, searches and seizures in the context of law enforcement," the memo continues.
The Military Times first reported the existence of such a memo and Newsweek then got the memo written by Kelly, as well as another signed by Mr. Trump. There is currently more than 5,700 troops at the border.
Mattis confirmed to reporters on Wednesday that Kelly had sent him a letter on Tuesday night authorizing the new authorities, but he said "that there was no call for lethal force on the part DHS ". Mattis said he was reviewing the instructions he would give to the troops at the border, but stressed that the army "will not be armed, not with a gun." The military police will be armed "with shields, not guns," said Mattis, adding that the troops "do not have the power to arrest".
Mattis said that if soldiers saw a Border Patrol officer hit, they would intervene and keep the perpetrators just long enough – "minutes" – to hand them over to the police. Mattis also said that "some of the troops" would be back at Christmas. To date, the total cost of deploying thousands of troops at the border is $ 72 million, although Mr. Mattis has said he is "confident" that this number will increase.
The Posse Comitatus Act prohibits the armed forces from using force to enforce laws unless expressly authorized by the Constitution or Congress, and it is unclear whether White House leadership could face problems legal.
"If an army unit along the border sees an officer in distress or is informed of it, the general opinion is that it can probably help them to protect themselves or to protect them. "Agent," George Washington University law professor Jonathan Turley told CBS News. Sara Cook. "But in terms of the systemic use of the army as we know it today, this is much more problematic and goes against statutory and constitutional norms. did not normally be considered a legitimate use of the army.There were no reports of agents in danger along the border.Use of the army to regulate concertina son and performing tasks is dangerously close to law enforcement functions. "
The White House finally responded to requests for comment.
"The brave men and women of Customs and Border Protection have voluntarily placed themselves in extremely dangerous situations every day to protect Americans and their families.The President's authorization allows the Department of Defense to 39 intervene to protect those who protect us, "said the White House at the White House. Secretary Hogan Gidley said in a statement.
The memo, signed shortly before Thanksgiving Day, represents the Trump administration. last crackdown on border security and illegal immigration. Mr. Trump denigrated immigration as A caravan Many migrants are approaching the southern border and, through the Pentagon, have thousands of soldiers supporting border staff.
In the past, Mr. Trump seemed to make conflicting comments about whether he believed the troops could use force at the border. In announcing a new asylum policy, the president said in early November that troops should treat the rocks thrown at them as "a rifle" and answer accordingly.
"We will consider that it is the maximum possible because they throw stones violently and violently," he said. "You saw that three days ago, really hurt the army, we will not accept it, if they want to throw stones at our army, our army is rebelling. We will examine – and I told them, consider it as a rifle.When they throw stones as they did to the army and to the police of Mexico, I say, consider like a rifle. "
But he also said that he hoped that the troops do not use force, and acknowledged that troops must support the border staff already on the spot.
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