While the media have been foaming at the mouth about Posse Comitatus and speculating about how immigration officers may come looking for illegal aliens under the mattress, they've missed the big picture about what's going on at our border with Mexico. No, it's not that illegal alien crossings have been reduced to a trickle or that the wall may go back up. This is bigger.
Last week, President Trump declared an emergency due to an invasion of unvetted hordes of people coming over the border. He ordered the military to the border. The military wasn't sent there to back up the Border Patrol; they were there to defend America's border. That's never been done before. And Trump put his legal ducks in a row to get it done.
In his flurry of executive orders, Trump ended the Biden administration-era border edicts that ended a national border emergency. But that wasn't all. Berkeley constitutional law professor John Yoo noted that the Trump team undertook never-before-seen decisions by a U.S. president pertaining to the border.
So what the Trump people did, and this is where it's unbroken ground. I mean, this has never really come up before, is he declared not just an emergency at the southern border. Remember, he did that last time. What he actually declared was an invasion was occurring across the southern border and triggered under his Commander-in-Chief power the use of the military.
Yoo says the media haven't caught up. He has doubts about whether the border is being invaded but believes Trump is on solid constitutional ground to invoke self-defense.
So, actually, if you read the order carefully, the journalists, I don't think they've caught on to how serious this is. He has not declared war, but he has triggered self-defense on the southern border. And he's actually said...It's this triggering of the invasion clause and the deployment of the military to the border ...[t]hat's remarkably way more orders of importance than birthright citizenship.
NEW: Photos of US Marines deployed to the border & assisting Border Patrol, per senior admin official. Per NORTHCOM, the Marines are from the 1st Combat Engineer Battalion, 1st Marine Division, & the 7th Combat Engineer Battalion, 1st Marine Logistics Group. Both Camp Pendleton. pic.twitter.com/nDnZdaLat6— Bill Melugin (@BillMelugin_) January 24, 2025
The military is the law on the border, in other words. That's why military aircraft are being used to ferry criminal aliens back to where they came from. Yoo continued, "And so if they're suspended, that's why the military can then, right? They're acting as the military, take people and fly them back to where they came from." He continued, "Before you have such a declaration, you can't actually do that under the Posse Comitatus Act. So this is a really big deal, right?" And he underscored the point, "Because this is, I think, the first time this has happened. And I don't think anyone, I haven't heard anybody watching this understand the significance of it.”
Yoo believes that the Trump administration did its homework to put the border under the watch of men and women with guns.
For years, while the Biden administration opened America's back door to all comers, the drug cartels have run roughshod over the American Border Patrol. They've basically been running the border. Now, Trump has designated cartels as terrorist organizations. Here's a key part of Trump's executive order about the cartel terrorist designation:
The Cartels have engaged in a campaign of violence and terror throughout the Western Hemisphere that has not only destabilized countries with significant importance for our national interests but also flooded the United States with deadly drugs, violent criminals, and vicious gangs.
The Cartels functionally control, through a campaign of assassination, terror, rape, and brute force nearly all illegal traffic across the southern border of the United States. In certain portions of Mexico, they function as quasi-governmental entities, controlling nearly all aspects of society. The Cartels’ activities threaten the safety of the American people, the security of the United States, and the stability of the international order in the Western Hemisphere. Their activities, proximity to, and incursions into the physical territory of the United States pose an unacceptable national security risk to the United States.
It's about time someone did something about them. We wonder how long it'll take for the media to cotton to what just happened at the border.
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