President-elect Trump’s confirmation last month of his plan to deploy military assets for immigration enforcement sparked a constitutional debate. Legal scholars and commentators quickly declared such action forbidden by long-standing prohibitions on military involvement in domestic law enforcement. But this conventional wisdom misreads both the letter and spirit of American law. A careful examination of a pair of longstanding statutes reveals military support for immigration enforcement is permissible.
The issue hinges on two 19th century laws: the Posse Comitatus Act of 1878 and the Insurrection Act of 1807. When properly understood, both allow the President to use active-duty military forces to support the deportation of illegal immigrants.
