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1 1 (June 15, 2023)

handle is hein.crs/govelyh0001 and id is 1 raw text is: ''Congressional_______ A ~ Research Service The President's Authority to Use the National Guard or the Armed Forces to Secure the Border Updated June 15, 2023 On May 2, 2023, the Biden Administration announced that Secretary of Defense Lloyd Austin approved a request from Secretary of Homeland Security Alejandro Mayorkas to send an additional 1,500 active-duty members of the Armed Forces to assist U.S. Customs and Border Protection (CBP) agents with a potential influx of migrants after pandemic-era health restrictions ended in May 2023. (This figure does not include the thousands of Texas National Guard troops deployed to the border as part of Texas's Operation Lone Star.) The federal deployment is to last up to 90 days and add to the 2,500 National Guard members already deployed to the border with Mexico. The Department of Defense (DOD) said the troops will provide ground-based detection and monitoring, data entry, and warehouse support and will not directly participate in law enforcement activities. This Sidebar addresses precedent for deploying troops to the border and the President's legal authorities to use the National Guard or the Armed Forces to assist in securing the southwestern border. Precedent There is precedent for deploying National Guard units to the southwestern border to assist with immigration control. President Trump deployed units there in April 2018 to stop the flow of deadly drugs and other contraband, gang members and other criminals, and illegal aliens pursuant to Title 32 authority. (In Title 32 status, National Guard members remain under the control of the governors of their home states and are not considered to be performing active-duty service as part of the regular Armed Forces. Mobilization of National Guard members under Title 10 differs from mobilization under Title 32 in a number of ways.) President Trump also ordered the Pentagon to deploy active-duty troops to the southwest border in October 2018. The Pentagon reportedly sent 5,800 soldiers to support the border mission. From 2006 to 2008, President George W. Bush called on the National Guard to participate in Operation Jump Start, in which National Guard troops were called to duty to assist CBP to secure the southwestern border. National Guard members participating in this operation did not serve in a direct law enforcement role but rather reinforced the U.S. Border Patrol, including by performing missions involving Congressional Research Service https://crsreports.congress.gov LSB10121 CRS INSIGHT Prepared for Members and Committees of Congress

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