Acting Defense Secretary authorizes waivers for 280 troops to interact with migrants

Original Date Announced
April 26, 2019
Acting Defense Secretary Patrick Shanahan authorized waivers for approximately 280 troops--including lawyers, cooks, and drivers--to exempt them from a 2006 policy prohibiting military personnel from directly interacting with migrants. [ID #395]
Dems warn Shanahan new border actions could break civil-military law
Effective Date
April 26, 2019

Fully in Effect

Status: Final/Actual

Trump Administration Action: Change in Practice

Subject Matter: Border

Agencies Affected: DOD

Associated or Derivative Policies

April 26, 2019 The Defense Department had a long-standing policy of prohibiting military personnel from directly interacting with migrants. The Posse Comitatus Act (18 U.S.C. § 1385) makes it a crime to use the Army or Air Force as a domestic police force in most circumstances. The law, which was enacted in 1878, was intended to end the use of federal troops to supervise elections in the former Confederate states. More generally it reflected an uneasiness with a military role in domestic law enforcement, and a philosophical commitment to subordinating military power to civilian authority. Posse Comitatus Act Limits Armed Services at Home