A request from the National Security Department of 21,000 National Guard troops to support “expansive operations for the application of interior immigration” includes a call to troops to search children not accompanied in some cases and transport them between the states, three sources reported on the plan to NBC News.
Having national guard troops perform such tasks, which are not explained in detail to the DHS request, has caused concern among some military officials and responsible for enforcing the law.
The tasks are established in a request on May 9 of the Department of National Security to Pentagon. The document establishes that “this represents the first formal application by the United States immigration and customs control (ICE) for the deployment of the National Guard personnel in support of the operations of application of interior immigration.”
The application requires that the National Guard troops are used for “search and rescue for UACS [Unaccompanied Alien Children] in remote or hostile terrain “and” intra and interstate transport of detainees/ children unaccompanied (UAC) “, without clearly explaining what that would imply.
Most of the troops, around 10,000, would be used to transport detained individuals, said the DHS. Approximately 2,500 troops would be used for detention support, but the document does not specify where. Another 1,000 troops would be assigned to administrative support, such as processing undocumented immigrants.
The request also requests up to 3,500 troops that “try to locate: fugitives” and carry out “surveillance and steam missions”, as well as “night operations and rural interdictions.” It also requests support for ICE in “Operations of the Joint Task Force Operations for the monitoring of wild boars/fugitive”, according to the three sources familiar with the plans.
NPR first reported the details of the DHS application.
Concerns about the use of troops
Democrats in Congress and military officials and in charge of enforcing the law have expressed concern about the use of National Guard troops to carry out what they say they are the duties of application of the civil law.
One characterized the plan as the Trump administration “find a way to take the National Guard to the streets and American homes,” saying: “I’m afraid that it will be seen as a police state.”
A second source said: “Trump has said he wants to use the National Guard for the Police, and the Pentagon and other entities have always said ‘Oh, do not worry, will never get to that.’ But this is all.”
Defense officials say that the application has not been approved and is being evaluated by Pentagon’s policy officials, the Office of the General Lawyer and other leadership of the Pentagon. Officials say that the most likely action course would be that some parts of the application are approved and others rejected.
But an informed source about the plans said that Defense Secretary Peter Hegseth is close to approveing some elements of the application and considering which state governors first approach. “We are much closer to this being real,” said the source, who spoke on condition of anonymity.
DHS is asking the troops under the state of Title 32, which means that they would remain in the state active service under the command of their governor, but would be financed by the federal government. The status of Title 32 generally allows the National Guard troops to carry out activities to apply the law without violating the POSSE Comitatus Law, a law of 1878 that prohibits the use of federal troops in the operations of application of the law.
A member of the National Guard who opposes the troops who perform such tasks told NBC News “I plan to leave the national guard soon for this.”
