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1 1 (December 14, 2006)

handle is hein.crs/crsajgi0001 and id is 1 raw text is: Order Code RS22443 Updated December 14, 2006 Border Security and Military Support: Legal Authorizations and Restrictions Stephen R. Viha Legislative Attorney American Law Division Summary The military generally provides support to law enforcement and immigration authorities along the southern border. Reported escalations in criminal activity and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. On May 15, 2006, President Bush announced that up to 6,000 National Guard troops would be sent to the border to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised. This report will be updated as warranted. Background The Secretary of the Department of Homeland Security (DHS) is charged with preventing the entry of terrorists, securing the borders, and carrying out immigration enforcement functions. The Department of Defense's (DOD) role in the execution of this responsibility is to provide support to DHS and other federal, state and local (and in some cases foreign) law enforcement agencies, when requested. Since the 1980s, the DOD (and National Guard), as authorized by Congress, has conducted a wide variety of counterdrug support missions along the borders of the United States. After the attacks of September 11, 2001, military support was expanded to include counterterrorism activities. Although the DOD does not have the assigned responsibility to stop terrorists from coming across our borders,' its support role in counterdrug and counterterrorism efforts appears to have increased the Department's profile in border security. 1 Dep't. of Defense, Strategy for Homeland Defense and Civil Support, at 5 (June 2005) available at [http://www.fas.org/irp/agency/dod/homeland.pdf].

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