On Thursday, a group of Republican lawmakers, most from the states along the southern border, proposed legislation that would appear to allow National Guard troops to use force along the southern border, but only when facing armed opponents - or for "other purposes."
The bill, titled "Defend Our Borders from Armed Invaders Act," was introduced by freshman Rep. Morgan Luttrell, R-Texas, and has been referred to the Committee on Armed Services.
The legislation, if passed, would authorize the National Guard to take "such actions as may be necessary to repel persons attempting to enter the United States from Mexico who are carrying weapons, and for other purposes," according to a description of the bill. The full text of the legislation has not been made public.
Luttrell, a former Navy SEAL, said in a statement that the legislation is necessary to stop cartels and smugglers who are thriving at the "wide-open border."
"We’re seeing violent crime continually escalate at the border and flow into our communities, as President Biden’s policies have created an untenable national security crisis," Luttrell said.
The full text of the bill is not yet available, so it's impossible to know how the proposed legislation defines whether someone crossing the border is carrying a weapon; presumably, there would have to be some Rules of Engagement (ROE) defining the identification of a weapon and under what circumstances force could be used. For instance: Would the National Guardsmen only be able to use force in self-defense, or would they be allowed to fire on armed men who are crossing the border but have not yet shown hostile action? What level of force would be authorized? Would lethal force be an option?
Also, what does "...for other purposes" mean?
Representative Morgan Luttrell (R-TX), who introduced this bill, represents Texas's 8th Congressional District in the southeastern part of the state, not on the border but near enough that the influx of illegal immigrants is no doubt a concern. At present, Texas has been embroiled in a controversy with Washington over the Biden Administration's refusal to control the border in any meaningful way.
See Related: Texas Proves Biden Could Have Stopped Border Crisis: Stats Show Powerful Effect of Real Border Defense
The Immigration and Customs Enforcement (ICE) report for fiscal 2023 shows that the number of illegal immigrants on the non-detained docket has soared from 3.7 million in FY 2021 to nearly 4.8 million in FY 2022 to nearly 6.2 million in FY 2023.
The bill is being co-sponsored by Reps. Chuck Fleischman, R-Tenn., Chuck Edward, R-N.C, Brian Babin, R-Texas, Michael Guest, R-Miss., Mike Collin, Ga., and Brandon William, R-N.Y.
The sad fact is that this bill, like any immigration bill that would appear to make sense (bear in mind that the full text of the bill is not yet available for review), won't be going anywhere. It has been assigned to the House Armed Services Committee, and there it will almost certainly stay. While predictions are difficult to make, especially about the future, it's an easy bet that no substantial action will be taken on the mess at our southern border until after the elections this fall.
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