Donald Trump's decision to send thousands of troops to the US-Mexican border to capture migrants who seek asylum is not…
Donald Trump’s decision to send thousands of troops to the US-Mexican border to capture migrants who seek asylum is not just a political stunt that is bald-faced – it’s also illegal.
Passed in 1878 to end the use of federal troops in South Korea after Sunday’s election, the possitutions law prohibits the use of the military to enforce domestic US laws, including immigration laws. For this reason, Trump decides to deploy the military to the border to enforce the United States immigration law against thousands of desperate migrants from Central America – who have committed the dangerous journey over 1000 miles through Mexico to the United States frontiers for asylum – is an illegal order .
Kathleen Gilberd, Executive Director of the Law Society’s Law Firm, said to Truthout: “The deployment of US troops to the southern border is an illegal political blow and a serious abuse of the military. This action is ashamed of a government treating refugees seeking asylum as enemies . “
Trumps illegality to the military opens the door for officials to resist it: According to the Uniform Code of Military Justice, Nuremberg Principles and Army Manual, officials have a duty to obey legal orders and a duty to comply with illegal orders.
Before the mid-term, invading its nativist base, Trump began deploying 5,200 active troops to Texas, California and Arizona at the southern US border, with the promise of nearly 1
0,000 more. On October 29, the forthcoming arrival of migrants seeking asylum as an “invasion” described Trump tweeted: “This is an invasion of our country and our military is waiting for you!”
The Trump Administration originally called the military deployment as the Operation Faithful Patriot, but it soon abandoned that name, obviously putting down the military troops’ law enforcement action. Trumps lawyers always realize that it is forbidden to use the military to enforce the laws of the Posse Comitatus Act.
The military is legally prohibited from enforcing immigration legislation
The Posse Comitatus Act prohibits the deliberate use of “any part of the army or air force as a posse committee or otherwise implementing the laws.” It has also been applied to navy and marine corps. The only exception to the prohibition of Posse Comitatus Act is “in cases and circumstances expressly approved by the Constitution or Congress Act.”
The Department of Defense officials told the New York Times that troops exposed to the border would help build tents and fencing and some could “potentially” use drones on the border.
If the drones were armed or used for surveillance, they would assist in the implementation of immigration laws.
In addition, the Los Angeles Times reported “Black Hawk helicopters equipped with night sensors will be available to ferry Border Patrol staff” exactly where they need to be “to” spot groups “and” to speed down “to capture migrants trying to cross the border . Military aircraft will monitor. “
Troops carrying out these functions would also participate in the implementation of immigration laws.
Only in the event of an invasion or rebellion on American soil, the President has the power to order the use of the military within the United States.
There is no invasion or uprising caused by migrating caravan. In an interview with the New York Times called adm. James G. Stavridis, former commander of the US military’s southern command, Trumps “fictional caravan invasion”.
“Military personnel are actually legally forbidden to engage in immigration, and there is no emergency or cost-benefit analysis to justify this sudden deployment,” said Shaw Drake, political advisor for ACLU’s border area, in a statement.
Duty to Fight Illegal Orders
The Unified Code for Military Justice (UCMJ) requires all military personnel to comply with legal orders. Article 92 of the Unified Law on Military Justice states “A public order or regulation is legal unless it violates the Constitution, United States laws …”. Both the Nuremberg Principles and Army Manual Handbooks constitute an obligation to comply with illegal orders.
“Sending troops to the US border with Mexico is as immoral and illegal as sending them to invade and occupy foreign countries,” said Gerry Condon, CEO of Veterans For Peace, to Truthout. “Donald Trump pursues a racist war against asylum seekers who fly extreme violence, which in turn is caused by decades of United States support for repressive regimes in Central America.”
Members of Veterans For Peace are in the United States / Mexico border from California to Texas to reach out to the troops that Trump has ordered to the border.
Condon added: “Soldiers who follow their conscience and refuse to follow illegal orders will be supported. We may also contact GI with legal resources to help them get honestly discharged from the military.”
] Trumps cynical and illegal attacks on asylum
Trump’s verbal attacks on immigrants and his deployment of troops to the border were a cynical trick to help Republican candidates in the middle of the election. Although he mounted a consistent tirade against the “caravan” in the weeks to the middle, Trump has barely mentioned it since November 6th. He quoted it as he announced his new proclamation that limits asylum claims.
During the 1951 Refugee Convention, anyone arriving in the United States is entitled to seek asylum. Applicants must show that they can not or do not want to return to their country of origin because of a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group or political opinion.
Yet, Trump’s new proclamation would deny immigrants the right to apply for asylum if they did not enter the United States in a designated port of entry that violates the 1951 Refugee Convention.
On November 9, ACLU, the Southern Poverty Center and the Constitutional Rights Center filed a lawsuit in the United States District Court of the Northern District of California, seeking a ban on blocking Trump’s new restrictions on asylum. The complaint says that Trump’s proclamation is “contrary to the congressional clear command, the way to enter can not be a categorical asylum letter.”
In a letter from November 1 to Defense Secretary James Mattis, 108 House Democrats appealed “The Militization of the Southern Border to Point out Political Strikes and Stoke Misleading Fears among Americans from Immigrants.” They noted: “The president has used the caravan for people traveling to the United States to seek asylum for his own political gain, and he continues to police and militarize this humanitarian crisis as these men, women and children fly from violence and persecution in an unstable part of the world. “
The Congress members urged Mattis to clarify how long the deployment was, the number of troops used, the rules of commitment, the training troops, and how much the deployment will cost US taxpayers.
Nearly 2500 hopeful immigrants have already arrived in Tijuana and thousands of others are on their way. Several organizations, including the National Lawyers Guild, have sent legal backing to the border. Members of Veterans For Peace are also at the border and offer support to troops refusing illegal orders to enforce immigration laws.
Trumps limits for placement of borders end on December 15th. Pushback of individual congressmen is important. But Trump is responding to negative publicity, so it’s mass mobilization of opposition that can make him back down.
Copyright © Truthout. Reprinted with permission.