Posse Comitatus
39 Articles
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."
The Mounting Crisis of Militarizing Immigration Enforcement
When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.
“The Insurrection Act” by Any Other Name: Unpacking Trump’s Memorandum Authorizing Domestic Deployment of the Military
"The Memorandum ... raises many of the same concerns as an Insurrection Act invocation would, and that could end up looking quite similar in practice."
The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
What Just Happened: The Framing of a Migration “Invasion” and the Use of Military Authorities
An expert explainer on the Executive Order on the "Invasion" Executive Order and deployment of troops.
The Just Security Podcast: What Just Happened Series, Potential U.S. Military Domestic Deployment for Immigration Enforcement
Analyzing legal and policy implications of President Trump using US military resources to support immigration enforcement at the border.
What Just Happened: Unpacking Exec Order on National Emergency at the Southern Border
An expert explainer on the Executive Order Declaring National Emergency Southern Border and deployment of troops.
Deployment of the U.S. Military for Immigration Enforcement: A Primer
An expert explainer by leading expert on the domestic deployment of the U.S. military.
Much Ado About Nothing: Recent Changes to Department of Defense Directive 5240.01
Recent changes to this Defense Department directive do not reflect any change in policy and provide no new authority to deploy the military domestically or to use lethal force…
The Anonymous Military Leaders with the Weight of the Election on Their Shoulders
The legal and ethical frameworks that senior civilian and military leaders need to consider.
Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military
An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.