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Crossing the Line: A Study of the Legal Permissibility of Using Federalized Troops to Protect the Nation's Borders

Authors: Melvin G. Deaile; ARMY COMMAND AND GENERAL STAFF COLL FORT LEAVENWORTH KS
Abstract:
The attacks of 11 September 2001 showed that America has problems with its immigration system. The nineteen hijackers involved in these attacks took advantage of a problematic immigration system to penetrate the U.S. and wreak havoc. The porous border between the U.S. and its neighbors is another means by which terrorists can enter America. This thesis examined the legal permissibility of using federal troops to protect the nation's borders. It explored the growing problem American has with illegal immigration and how that problem is a threat to national security. The only viable solution to the border security problem is an increased presence along the border. The military is a source of manpower to supplement the United States Border Patrol (USBP). Asking federal troops to assist with border security, though, can create problems with the Posse Comitatus Act (PCA). This thesis used a legal methodology to examine this issue. The legal material analyzed in the course of this study showed that, barring a change in the PCA, the most that federal troops can provide is limited assistance. Based on these findings, the recommendation of this study is that federal troops and USBP agents work in concert to protect the nation s borders.

Limitations: APPROVED FOR PUBLIC RELEASE
Description: Master's thesis
Pages: 68
Report Date: 06 JUN 2003
Report Number: A373614
Keywords relating to this report:
*ILLEGAL IMMIGRANTS
*NATIONAL SECURITY
BOUNDARIES
LAW ENFORCEMENT
TERRORISTS
THESES
THREATS
UNITED STATES
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