Former President Donald Trump has once again expressed his determination to conduct mass deportations of undocumented immigrants, indicating that he plans to involve U.S. military forces in this effort. However, the specifics of how the National Guard will be employed in this plan remain unclear.
A total of 26 Republican governors, including those from Texas, Florida, Georgia, Nevada, Utah, and Virginia, have voiced their support for the mass deportation plan. In a joint statement, they expressed willingness to "use all tools at our disposal, whether through state police or the National Guard, to support President Trump in this vital mission."
"This shows a certain unity and support among governors regarding deportations. Clearly, governors have the authority to deploy the National Guard, which could expand this deportation policy that President-elect Trump has," stated political science professor Gerónimo Cortina in remarks reported by Noticias Telemundo.
On the other hand, some Democratic governors have indicated their readiness to cooperate in deporting criminals but oppose using the National Guard for widespread raids, as reported by The Associated Press.
Legal Challenges on the Horizon
The deployment of the National Guard could face legal challenges due to the Posse Comitatus Act, which prohibits military troops from participating in civil law enforcement. However, the Brennan Center for Justice explains that this law rarely applies to the National Guard, as it is usually under the control of each state's governor. Only in exceptional circumstances, such as under the Insurrection Act, could the president federalize these forces to use them alongside active-duty troops.
The U.S. Northern Command has highlighted on its website that the Department of Defense has a long history of supporting law enforcement agencies in border security activities, including detection, monitoring, and logistics. According to this entity, up to 4,000 military personnel may be authorized to assist along the southwestern border.
Humanitarian Concerns and Implications
Among the signatories of the statement supporting Trump is Texas Governor Greg Abbott, who did not rule out the possibility of family separations during the process. Abbott stated, "If a family is detained together, they can be deported together. It will be their decision if they want to be separated. It will be a family decision."
Professor Cortina emphasized that deportations are not exclusive to Republicans. "Just look at the statistics from Joe Biden, who broke nearly all deportation records. It's a trend we've seen since Barack Obama. It's not an unprecedented event; it's not just the Republicans. Democrats, too, when occupying the White House, have deported millions of people," he noted.
In November 2024, Trump used his Truth Social account to reaffirm his stance on mass deportations. He responded "TRUE!!!" to a post from a conservative leader claiming that the incoming administration would "declare a national emergency and use military elements" as part of this plan.
The use of the National Guard in Trump's mass deportation plan remains a controversial and uncertain topic. While some Republican governors back the measure, the legal and humanitarian implications continue to fuel intense debate.
Legal and Humanitarian Implications of National Guard Deployment
What is the Posse Comitatus Act?
The Posse Comitatus Act is a federal law that prohibits the use of military forces in civilian law enforcement activities, except under certain circumstances.
Can the National Guard be used for deportations?
While the Posse Comitatus Act generally restricts military involvement in civilian law enforcement, the National Guard, typically under state control, may be deployed by governors. Federalization under the Insurrection Act might allow for broader use.
What are the humanitarian concerns related to mass deportations?
Humanitarian concerns include the potential for family separations and the treatment of individuals during deportation processes, which can have profound social and emotional impacts.