WHICH UNITS WILL BE CALLED TO SUPPORT MASS DEPORTATIONS?

Despite legal questions surrounding the Posse Comitatus Act and Insurrection Act of 1807, Donald Trump is planning to use military units within the National Guard to help Immigration and Customs Enforcement (ICE) and other forms of law enforcement with mass deportations. During his second term, Trump has been adamant about deporting illegal immigrants, and units of the National Guard continue to be mentioned as a militaristic approach to a complex issue.

Trump Planning Huge Mass Deportation Operation Beginning Day 1

Donald Trump continues to push for the mass deportation of undocumented immigrants and is planning to use “military assets” in order to achieve his goals.

This should come as little surprise as Trump has been promising mass deportations during his first term as President along with his campaign leading up to his second term.

While details are still a bit fuzzy, Trump has mentioned using troops along with state and local leaders to get the job done.

Many Democratic leaders have already pushed back on Trump’s deportation agenda and various legal challenges will likely arise.

Still, the use of military force against immigrants continues to be a narrative that Trump’s team is pushing.

Building an Anti-Immigrant Team

The plan for mass deportations has been clear from the beginning and is progressing through various phases for the President-elect.

Nothing is more clear about Trump’s hardline stance against immigration than the team he is building for when he takes office in 2025.

For example, according to Trump, Tom “Border Czar” Homan will be “in charge of all Deportation of Illegal Aliens back to their Country of Origin”.

Stephen Miller was chosen to be a homeland security adviser and the Deputy Chief of Staff for Policy. Miller is known for threatening immigrants with separating their families to deter them from entering the United States.

Additionally, Trump’s loyal political ally Kristi Noem, the governor of South Dakota who killed her dog, will be the Secretary of the Department of Homeland Security and bring her anti-immigration stances along with her.

Even with the team coming together and legal challenges to work through, it’s still a bit perplexing how Trump will execute mass deportations from a logistical standpoint.

There are a lot of costs to consider too, however, plans to potentially federalize National Guard units in Republican states that are more sympathetic to the cause could provide solutions.

How Many People Would Be Mass Deported Under Trump?

In his first term, Trump aimed to deport 3 million people but only completed about half of his goal, and his second term’s goal is set to be around 15 to 20 million people—though this has yet to be verified.

In 2016, ICE reported that it costs around $11,000 per person to deport immigrants, costs that have surely risen significantly considering the rate of inflation between that time and now.

Some estimates point to figures approaching $1 trillion over a decade in costs. However, when it comes to the cost of mass deportations, Trump is willing to spare no expense.

“It’s not a question of a price tag. It’s not—really, we have no choice. When people have killed and murdered, when drug lords have destroyed countries, and now they’re going to go back to those countries because they’re not staying here. There is no price tag,” said Trump.

It’s worth noting that there are fewer than 12 million illegal immigrants living in the United States as efforts at the border and beyond have ramped up to keep levels down.

While some are hoping that only criminals are going to be targeted, it’s clear that Trump’s administration is open to deporting anyone who fits, including Dreamers.

The use of military force to conduct law enforcement or take away civil liberties is stanchly anti-American by law and spirit.

How Trump’s mass deportation plan ends up and the use of the National Guard units hanging in the balance will be one of the larger talking points for communities throughout the United States during his second term as President.

Who Is Likely to be Involved in Trump’s Plan?

If Trump were to push for mass deportations on day one, the proposed plan would likely include the utilization of both federal and local law enforcement agencies.

Tump’s plan could also potentially involve retired military personnel. As of now, there are no specific details about active military units being formally assigned for such operations. This is because the use of active-duty military in domestic law enforcement, including immigration enforcement, raises many legal concerns under the Insurrection Act.

In the past, Trump has considered leveraging National Guard units in support roles during immigration-related operations. There were even discussions leading up to the 2024 Election Day that the Washington State National Guard could be used to help with potential safety issues.

What is the Insurrection Act?

The Insurrection Act allows the President to deploy military forces domestically to control rebellion, domestic violence, or enforce federal law.

It provides Congress with the power to "call forth the Militia" to execute laws, suppress insurrections, and repel invasions as outlined in the Constitution. In other words, it is meant to restore public order/enforce laws when local authorities are unwilling to do so.

This Act is the main exception to the Posse Comitatus Act, which normally prohibits military involvement in civilian law enforcement. However, it can only be used under specific conditions, like during an insurrection against state or federal authority, or to protect the rights of citizens when the government doesn’t. Overall, the act can override the usual constraints of what the military can be used for domestically.

Possible Units That Could Potentially be Affected

Below are the possible units that could be called to support mass deportations should President-elect Trump proceed with his plan.

1. State-controlled National Guard:

   They could be mobilized for law enforcement and support ICE if governors come to a consensus.

2. Federalized National Guard:

   They could only be used if the Insurrection Act were invoked, If this were to occur, it is very likely that Trump would face significant legal and political scrutiny.

3. Active-Duty Military (Army, Navy, Air Force, Marine Corps & Space Force):

   Active-duty can’t legally assist in domestic law enforcement under the Posse Comitatus Act unless the Insurrection Act, or another legal exception, is applied.

If Trump were to proceed with his plan to call units to support mass deportation, he would likely face two main challenges:

• Using the Insurrection Act to justify the use of National Guard units for mass deportations would be very controversial. Additionally, the courts are likely to challenge this decision.
• Individual state governors might resist the deployment of National Guard units for mass deportations if they think that this action violated state or federal law.

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