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Missouri National Guard deploys under governor's charge
By Columbia Missourian via My Courier-Tribune Mar 13, 2024 Updated 13 hrs ago
JEFFERSON CITY – Gov. Mike Parson is deploying members of the Missouri National Guard and State Highway Patrol to the Texas border with Mexico this week.
Parson cited President Joe Biden’s border policies as the reason for his decision, which was announced Feb. 20.
As many as 200 members of the guard are being deployed under the authority Parson has as governor.
Both the president and the governor of a guard’s state hold authority over the guard. This duality of power between the federal and state governments does not exist in other branches of the military.
The Posse Comitatus Act prohibits the military from acting as a civilian police force. Passed in 1878, the law prevents the president from activating the guard or other military branches in a law enforcement capacity unless expressly authorized by Congress.
However, according to a Congressional Research Service report, an individual state’s governor does not have to follow this provision when the guard is activated for state service.
The Missouri National Guard will “mainly assist in the construction of physical barriers and with security patrols as needed,” according to a news release announcing the deployment.
The guard may be activated under Title 10, Title 32 or state active duty. State active duty, also known as a state call up, originates from a governor’s orders to achieve a state mission that is funded solely by the state and follows state laws. Parson’s deployment to the border is considered state active duty for participating guardsmen.
“Generally speaking, a governor can do whatever they want with their National Guard,” said Joesph Nunn, a lawyer at the nonpartisan Brennan Center. “There aren’t any specific federal restrictions on what a state governor can do with their National Guard other than obviously, they can’t use the guard to violate constitutional rights or otherwise violate federal law.”
Nunn’s expertise revolves around the domestic actions of the U.S. military, including the guard.
Nunn highlighted that governors are free to send their guard to other states if invited by the governor of that state. However, he expressed concern about the precedent set by states’ National Guards being deployed within the U.S. unless absolutely necessary for cases like insurrection.
Title 10 mobilizations are for federalizing the guard with the president acting as commander in chief. Under Title 10, troops can be deployed overseas as a part of their assignment.
Title 32 involves state-level missions that are federally funded. Technically, the state’s governor remains in charge of the guard and mobilizes at the approval of the president which means the Posse Comitatus Act doesn’t apply. According to an article by the Military Officers Association of America, Title 32 is often used for natural disaster relief.
The U.S. Department of Defense classifies the National Guard, composed of the Army National Guard and the Air National Guard, as military reserve components. However, while considered a reservist force, the guard is separate from U.S. military reserves.
National guardsmen typically hold full-time civilian jobs in addition to their part-time responsibilities with the guard. Once a member joins the guard and completes the initial training portion of the commitment, they will participate in one weekend a month of drill and two weeks of additional training, usually in the summer.
Map Shows States Sending National Guard to Texas Border
Published Mar 04, 2024 at 10:00 AM EST
https://www.newsweek.com/texas-border-illegal-immigrants-national-guard-troops-1875622