Department of Defense Security for the Protection of Department of Homeland Security Functions
This presidential memorandum orders the deployment of at least 2,000 National Guard personnel, along with additional regular Armed Forces as needed, for up to 60 days to protect Department of Homeland Security personnel (particularly ICE) and federal property during protests against federal immigration enforcement.
The action cites recent incidents of violence and threats against federal personnel and facilities, justifying the mobilization as necessary to protect federal interests and maintain the authority of the government.
Arguments For
Protecting Federal Personnel and Property: The action aims to ensure the safety of federal personnel enforcing immigration laws and protect federal facilities from damage or destruction posed by violent protests.
Maintaining Federal Authority: The mobilization is presented as a necessary measure to uphold the rule of law and prevent protests from undermining the authority of the federal government.
Providing Support for Law Enforcement: The deployment of military personnel reinforces civilian law enforcement agencies, aiming to strengthen capacity and response in the face of significant threats.
Legal Basis: The action is justified using 10 U.S.C. 12406, indicating a legal basis for the executive action.
Deterrence: The presence of military personnel aims to deter future violence and potentially help de-escalate existing tensions.
Arguments Against
Escalation of Tensions: The deployment of military personnel may inadvertently escalate tensions and potentially increase the likelihood of further conflict between protesters and authorities.
Overreach of Executive Power: Critics may argue that the mobilization represents an overreach of executive authority, raising concerns about infringements on civil liberties.
Cost and Resource Allocation: The use of military personnel for civil law enforcement tasks comes with a significant financial burden, potentially diverting resources from other important areas.
Potential for Misuse of Force: The potential exists for excessive or unnecessary use of force by deployed military personnel during interaction with protestors, potentially leading to injuries or fatalities.
Alternatives to Military Deployment: Critics may suggest that less-escalatory measures, such as increased police presence or heightened dialogue, could have been explored before resorting to deploying the military.
MEMORANDUM FOR THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF HOMELAND SECURITY
SUBJECT: Department of Defense Security for the Protection of Department of Homeland Security Functions
This section is the header of the memorandum, indicating the recipients (Secretary of Defense, Attorney General, and Secretary of Homeland Security) and the subject matter: the use of the Department of Defense to provide security for Department of Homeland Security operations.
Numerous incidents of violence and disorder have recently occurred and threaten to continue in response to the enforcement of Federal law by U.S. Immigration and Customs Enforcement (ICE) and other United States Government personnel who are performing Federal functions and supporting the faithful execution of Federal immigration laws. In addition, violent protests threaten the security of and significant damage to Federal immigration detention facilities and other Federal property. To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States.
The memorandum describes a situation escalating to violence and disorder during federal immigration enforcement and related protests.
Violence directed at ICE personnel and federal property is framed as a form of rebellion against the government's authority.
In light of these incidents and credible threats of continued violence, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby call into Federal service members and units of the National Guard under 10 U.S.C. 12406 to temporarily protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations. Further, I direct and delegate actions as necessary for the Secretary of Defense to coordinate with the Governors of the States and the National Guard Bureau in identifying and ordering into Federal service the appropriate members and units of the National Guard under this authority. The members and units of the National Guard called into Federal service shall be at least 2,000 National Guard personnel and the duration of duty shall be for 60 days or at the discretion of the Secretary of Defense. In addition, the Secretary of Defense may employ any other members of the regular Armed Forces as necessary to augment and support the protection of Federal functions and property in any number determined appropriate in his discretion.
The President orders the mobilization of at least 2,000 National Guard members under 10 U.S.C. 12406 to protect federal personnel and property.
The Secretary of Defense is tasked with coordinating the deployment with state governors, and the deployment may include additional regular Armed Forces.
The deployment duration is stipulated for 60 days, or as decided by the Secretary of Defense.
To carry out this mission, the deployed military personnel may perform those military protective activities that the Secretary of Defense determines are reasonably necessary to ensure the protection and safety of Federal personnel and property The Secretary of Defense shall consult with the Attorney General and the Secretary of Homeland Security prior to withdrawing any personnel from any location to which they are sent. The Secretaries of Defense and Homeland Security may delegate to subordinate officials of their respective Departments any of the authorities conferred upon them by this memorandum.
The mobilized military personnel are authorized the protective measures deemed necessary by the Secretary of Defense to ensure the safety of federal personnel and property.
The Secretary of Defense must consult with the Attorney General and the Secretary of Homeland Security before withdrawing any personnel.
The Secretaries of Defense and Homeland Security may delegate some authorities to lower officials.
DONALD J. TRUMP
This is the President's signature.