Wednesday, July 23, 2014

Gov. Use of National Guard at the Border

The Washington Times says House Republicans will call today for decisive action to end the border crisis, proposing a deployment of National Guard troops and accelerated deportation hearings for unaccompanied children inundating the U.S. The proposals from a task force will aim to fix the most urgent problems quickly, “stemming the flow of [unaccompanied alien children] and securing the border right now,” the Republican aide said. “This is about solutions right now.”
Note that the Republican statement involves "unaccompanied alien children". However recent reports from the news media indicate that while unaccompanied alien children are receiving the spotlight at the southern border, they are only a small percentage of the illegal entries. The vast majority are adults with various agendas.
The second point of note is that this will be an exercise in futility. House Republicans may call today for decisive action to end the border crisis, but that still does not mean that the House has established a bill to do this through floor vote. Even if the floor vote comes to pass, you can be sure that the Democratic Senate will not support the House position and any intended legislation will die. If through some extraordinary occurrence, the House and Senate are on the same wavelength, Pres. Obama will veto the bill with another result of dead dead dead.
This means that House Republicans will be basically ranting and raving, while Pres. Obama has no intention of listening to them.
The only significant affect on possibly reducing the influx of illegals through the southern border was Gov. Perry's deployment of 1000 state National Guard to assist the Federal Border Control agents. The weakness of Gov. Perry's action is that the federal Border Control agents have their hands tied to do anything constructive from orders through the various agencies reporting to Pres. Obama. Since the Border Control agents can do nothing constructive, then Perry's 1000 state National Guard can equally do nothing.
I believe the stated cost of the Perry operation will be $12 million a month. Rather than that amount being a cost to the state of Texas, I strongly suggest that Gov. Perry bill the federal government, with justification that this is only doing a job that should have been done by the federal government. He likely will get a favorable response in the House, which normally controls the purse strings, but the Senate and the President will probably veto any actual payment. This means that the state of Texas will be stuck with the bill and the only justification for that is to change the rules of engagement so that the 1000 National Guard members are not assisting Federal Border Control agents but are actually serving as State Border Control agents, with the power to incarcerate or immediately return illegal aliens to their home countries.
Here are the rules under which a governor can use the National Guard:
When National Guard units are not under federal control, the governor is the commander-in-chief of the units of his or her respective state .
States are free to employ their National Guard forces under state control for state purposes and at state expense as provided in the state's constitution and statutes. In doing so, governors, as commanders-in-chief, can directly access and utilize the Guard's federally assigned aircraft, vehicles and other equipment so long as the federal government is reimbursed for the use of fungible equipment and supplies such as fuel, food stocks, etc. This is the authority under which governors activate and deploy National Guard forces in response to natural disasters. It is also the authority under which governors deploy National Guard forces in response to man-made emergencies such as riots and civil unrest, or terrorist attacks.
The Governor can activate National Guard personnel to "State Active Duty" in response to natural or man-made disasters or Homeland Defense missions. State Active Duty is based on State statute and policy as well as State funds. Soldiers and Airmen remain under the command and control of the Governor. 

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