Posse Comitatus Act

There is a rising belief that Mexico is becoming a new drug war-era Columbia, and that our federal government should deploy the military along our southern border as soon as possible.

Experts believe conditions exist inside Mexico that mirror those found in Columbia prior to and during the reign of Pablo Escobar’s infamous Medellin drug cartel.

While drug-related violence along both sides of the border would warrant placing our military at our southern border, doing so raises a few questions.  For one, at what point do the conditions along the Mexican border warrant calling in the military? How would a military presence change the jobs of the U.S. Border Patrol and local law enforcement?  Perhaps most important, how would the Posse Comitatus Act of 1878 come into play if the military began helping with border security?

American progressives undoubtedly will in some way raise the issue of the Posse Comitatus Act with regard to any military deployment along the Mexican border.  While progressives are already largely opposed to border enforcement policies, they in particular fear that military involvement in the region will infringe civil rights and cause civilian harm. 

Literally meaning “the power of the country to act,” the Posse Comitatus Act was enacted in the 19^th century after years of military involvement in maintaining domestic order during Reconstruction in the South and the settling of the American West.  It was the will of Congress at that time to return the military to duties such as protecting the borders from foreign aggression rather than conducting what had largely become local law enforcement issues.

Specifically, Congress has approved the use of the military to aid in anti-drug efforts. Such “passive” support now allowed includes providing logistics, intelligence, training and other things unique to the military that assist local law enforcement.  Execution of the law is still reserved to civilian authorities.

Most people agree with deploying our military along our southern border, but given the acute political division today, nothing is ever simple----not even a decision designed to protect the citizens and property of our nation. Americans want a safe and effective border policy, not one that aids the cause of those who smuggle people, drugs and political upheaval into our nation.  That is why America must come from a position of strength. That strategy likely requires a new administration in Washington and a defined military role.

Sections of Mexico are caught in the grip of drug dealers, terrorists and violent killers and thugs.  This anarchy, which is close to the U.S.–Mexico border in some cases, creates conditions favorable to the rise of a Mexican version of Pablo Escobar.  We cannot put our heads in the sand by pretending this violence along our border will go away.  We must come to grips with this problem sooner rather than later.