WASHINGTON — In a social media post last week, President-elect Donald Trump wrote “TRUE!!!” above a statement saying his incoming administration is “prepared to declare a national emergency and will use military assets” for a mass deportation program.
The details of Trump’s plan aren’t clear, but Sen. Rand Paul, R-Ky., who is set to become chairman of the Senate’s homeland security committee, told CBS News’ Face The Nation Sunday that he opposes the use of U.S. troops in such a way.
“If they send the Army into New York and you have 10,000 troops marching, carrying semi-automatic weapons, I think it’s a terrible image and I will oppose that,” he said. “It’s not that I oppose removing people; I just object to what has been against the law for over 100 years and that’s using the Army.”
Military law expert Gary Barthel, managing partner of the Military Law Center, said federal law bans the president from using troops for law enforcement, but the military could participate in an administrative role.
“They could monitor the border, as they are currently doing,” he said. “They can assist in transportation and other administrative ways, but they cannot be utilized in a way where they're going out, they’re kicking in doors, they're making arrests, they're participating in roles that law enforcement, civilian law enforcement, would typically conduct.”
Trump and his aides have said the Insurrection Act or the Alien Enemies Act of 1798 would enable Trump to have U.S. troops take part in immigration enforcement, but Barthel said that would invite legal challenges he believes would be successful.
Asked about the potential of deputizing the National Guard, Paul said he doesn’t like the militarization of police, whether it’s the Army or the National Guard.
He said he would recommend the use of the FBI, U.S. Immigration and Customs Enforcement or the Border Patrol instead.
Spectrum News reached out to Trump’s team for comment.