Posse Comitatus and the Use of the Military in Denying Terrorist Access to the United States Along the Border with Mexico

Abstract

Abstract : Mexico is one of our largest trading partners and a supplier of cheap labor that crosses our border on a daily basis at numerous ports of entry from Texas to California. The ease with which cross border traffic occurs is proving to be a monumental security challenge. The largely unsecured border we share with Mexico is an enticing avenue for illegal immigrants and drug smugglers but also, and more importantly, for potential terrorists hostile to the United States. Due to the events of September 11, 2001 we are now placed in the position to re-think our immigration policies and security procedures. Since 9/11 an increased emphasis has been placed on defense of the homeland and border security. Use of the military to secure our borders is increasingly being weighed as an option. Due to interpretation of the Posse Comitatus Act of 1878, restrictions are in place to limit direct involvement of military forces to secure the border. This SRP will analyze current restrictions of the Posse Comitatus Act as it applies to the use of the military as well as several recent laws that have been enacted that grant specific exceptions to the application of the PCA.