Recently, President Trump declared a national emergency to fund a wall at the U.S.-Mexico border. Since his announcement, everyone from the average social media user to the states have voiced their strong opinions over this use of executive power. Some champion his use of his ability to declare a national emergency to address the immigration issues they believe exist as drugs enter the U.S. at the border. Others, including 16 states, believe that he has overstepped by diverting money to fund the wall.
The Department of Defense commented in an official press release following the announcement to clarify exactly what the military will do in response to the commander-in-chief’s declaration.
“The president invoked sections 12302, 284(b)(7) and 2808 of Title 10, U.S. Code, and requires the use of the armed forces to respond to this emergency through support to the Department of Homeland Security (DHS) in its efforts to secure the southern border,” read the press release.
What Sections are Those?
The press release further elaborated on the existing law that will govern the military’s actions. The president is the commander-in-chief of the armed forces. In that role, the Department of Defense and all military personnel are required to follow his lawful orders.
Section 12302 authorizes military reserve personnel to be involuntarily activated. This means that those serving in the Ready Reserves, who normally complete occasional training and support while maintaining a full-time civilian career, will be recalled to active duty to support efforts at the border.
Section 284(b)(7) authorizes the DoD to perform missions normally completed by other agencies, such as DHS. This can include counterdrug activities, such as construction of roadways to support border security.
Section 2808 authorizes the Secretary of Defense to decide if border barriers are required for military personnel to conduct their mission and fund them using military financing.
The DoD generally refrains from commenting on the validity of the president’s orders. Instead, official press releases usually outline specific codes or laws that will govern how the military will carry out the orders and what authorization they have to do so. Determining whether the declaration of a national emergency is justified or is executive overreach will be decided by the courts. With 16 states suing the president, the courts will certainly make a decision that will impact the construction (or not) of a wall at the US-Mexico border.
