Breaking the traditional civil/military relationship

Don’t mix business with pleasure

 

Don’t ask don’t tell?

 

I have a lot questions about this.
First, my understanding is the Constitution specifically has control of borders and immigration under the Federal government so not sure what legal authority the SD national guard has doing this even if TX invites them.

Second, would this essentially be making the SD guard either rent-a-cops or mercenaries?

 

I know there is a compact between the states but Abbott is using this for something that isn't a state responsibility but a Federal responsibility.

If he was going to invoke this compact it should've been to send snow plows and sand trucks down during the winter crisis in February. Then resources from SD would've really been able to make a difference.

 

I read it and I'm not familiar with the terms of what he is claiming, the Immigration Reform Act of 1996 allows the state compact to enforce illegal immigration. I will have to look into that more when I have the time but it sounds questionable.

Either way this "crisis" is far more politically manufactured when there have been real crisis such as the winter crisis, record heat and wild fires that Abbott, Ducey and Noem should be far more concerned about.

 

I'm okay with SD being able to send National Guard here on invitation. But it shouldn't be funded by private citizens. Now if it was funded from the General Fund, and a billionaire just donated to the state's General Fund on a wink and a nod, I don't think we can stop it. But dedicated funding presumably with performance requirements (like, 'I get my money back if you don't send the guard like I asked', or 'send me the bill at the end of each month with actual expenses') seems unethical.

 

"WH Won't Stop Governors From Sending Guard Units to Border":

https://www.realclearpolitics.com/a...om_sending_guard_units_to_border__146016.html

excerpt:

Republican governors can deploy their National Guard as they see fit, and if that includes sending them across state lines to the southern U.S. border, the White House won’t stop them.

“What to do with her National Guard is up to the governor and how to fund them is her prerogative as well,” a senior White House official told RealClearPolitics when asked Wednesday about South Dakota Gov. Kristi Noem’s plan to send 50 guardsmen to the border on a mission funded by a private GOP donor. The administration will focus, the official added, “not on political gestures but rather on putting in the work and delivering the solutions.”
​

more at the link

gotta say it's a bit of a relief to know the WH is putting in the work and working on solutions

 

The right to send the guard following the compact yes but not the right to enforce immigration law. Since I've got some time I took a look at the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and I don't think it grants state the unilateral ability to enforce immigration law.

The section in question appears to be 287(g) which allows the US Attorney General to deputize state officials to help enforce immigration law. That section requires that state and local officials be trained to enforce those laws. It also appears that there have been a pattern of abuse by local officials claiming to have acted under that section.
https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_Section_287(g)

Anyway given it's only 50 SD guard going. This appears to be not much more than a show force that likely won't do much. My guess is that the Biden Admin doesn't feel it's worth addressing.

 

What exactly is the ND national guard supposed to do?

Isn't it illegal for them to do any police action?

 

That's the loophole.

If the National Guard is called up by the Feds, they cant be police. If they are working for the governor/state, no issues.

 

I see.

It's just for show anyway.

Until somebody gets trigger happy.