It is no secret that the situation at any border center in America right now is tense. The Department of Homeland Security (DHS) and Immigrations and Customs Enforcement (ICE) are accused daily of mishandling the influx of undocumented immigrants and asylum seekers. On the other hand, many politicians are feeling the pressure for not doing enough to contain the situation and come up with a clear, actionable solution.
The situation is set to become even more tense, though, if President Trump invokes the Insurrection Act, as he is expected to do soon. According to multiple anonymous White House officials, the President intends to use the Insurrection Act of 1807 to send the U.S. Armed Forces to the borders to remove undocumented immigrants. Specific language of the Insurrection Act says it can be used to abate or remedy “unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States.”
Given the broad language of the Insurrection Act, physical force can be used to restore order, enforce the law, and remove those who do not cooperate. The last time the powerful Act was used was the Los Angeles riots of 1992.
As predicted, the idea to use the Insurrection Act to clear the borders has received praise and criticism in near-equal portions. Many praise the impending decision as a strong message to illegal aliens who intend to enter the country without using appropriate legal challenges. Others view the use of the Act as “hardcore” and opposing Congress members argue there is no valid reason to invoke the Act, saying the crowds of undocumented immigrants are not obstructing or rebelling against the U.S.
(For more information about the President’s plan to use the Insurrection Act, you can click hereto view a full article from The Daily Caller.)
POSSE COMITATUS ACT & CAREFUL USE OF MILITARY FORCE
In order to put the Insurrection Act into actual motion, the President must also rely on the Posse Comitatus Act of 1878, which reads in Section 1385, Use of Army and Air Force as posse comitatus as: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” In other words, the Posse Comitatus Act allows the President or Congress to mobilize the U.S. Armed Forces to act as a form of law enforcement. While the action seems simple on paper, it can actually become a sensitive, complicated situation when put into practice due to the extensive Standing Rules for the Use of Force (SRUF) as allowed by the U.S. Secretary of Defense (SECDEF).
Each and every individual military service member who is given an order to restore the border’s security through the Insurrection Act will need to carefully comply with all portions of the SECDEF-approved SRUF. Any deviation from those rules, either intentional or unintentional, may constitute a Uniform Code of Military Justice (UCMJ) violation, resulting in severe consequences. For example, the accepted use-of-force rules are broken down into 10 specific rules, such as how to deescalate a situation, how to use non-deadly force, and even how to properly stop a vehicular threat.
Furthermore, the SRUF repeats numerous times for a service member to act in a way “related to [their] assigned mission.” That is to say, each individual mission could have different interpretations of the SRUF and what is “reasonable” force for the given situation. It is crucial for service members to pay close attention to their mission briefings to understand what force has been approved for their unit’s mission. When in doubt and at the risk of future UCMJ punishments, service members should always err on the side of caution and attempt to only use the absolute minimum amount of force to keep the peace or control a potentially dangerous incident.
FEARLESS REPRESENTATION FOR WRONGFULLY ACCUSED SERVICE MEMBERS
Given that the Insurrection Act has not been used in decades, it is safe to say that the vast majority current, active military service members are not familiar with it, or the Posse Comitatus Act. Being ordered to act as an extension of law enforcement at the border is not exactly what the brave men and women of the U.S. Armed Forces trained to do. As such, it is feasible that even a calm, collected, and reasonable service member with a great service record could inadvertently step outside accepted SRUF and be blindsided by UCMJ violation accusations.
If are serving in the U.S. military and find yourself accused of a military crime or serious UCMJ violation in relation to the uncommon use of the Insurrection Act, you can depend on Attorney Joseph L. Jordan for legal defense and guidance. He has personally given numerous briefings on SRUF and Posse Comitatus during his time of service in the U.S. Army. After the Hasan shooting incident, Joseph Jordan was a part of the quick reaction force to secure Fort Hood, where he instructed troops about the right rules for the use of force during the lockdown and until the all clear was called.
With Attorney Jordan’s firsthand experience with SRUF, Posse Comitatus, and tense military operations, he should be your first choice for defense. He has represented men and women of the U.S. Armed Forces who stood accused of serious crimes, or who faced a court-martial process that decided the future of their military careers and reputations. You deserve a fearless representative who will stand up for you, your good name, and the reputation of military service members everywhere.
Call (866) 624-7503 now if you need his representation for a case of your own.