NATIONAL GUARD AT THE BORDER: WHAT TO EXPECT AFTER ELECTION DAY

Following the 2024 election, many eyes are going to be on the southern border of the United States. Immigration continues to be a hot topic even as the Biden administration has taken various measures, with the help of Mexico, to slow down illegal immigrants from entering the country. Still, questions remain about the potential of sending the National Guard to the border following Election Day 2024. If you’re a Guardsman, here’s what you can expect:

What States Are Sending National Guard to the Border?

As the election fast approaches, chances are, you’ve already been briefed on your state’s potential plans to send the National Guard to the border.

As it stands, the ongoing Operation Lone Star headed up by Texas has already seen many states also send Guardsmen in support.

This includes Arkansas, Florida, Idaho, Iowa, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming.

Furthermore, Arizona remains committed to slowing down areas of high traffic involving immigrants, while California’s governor, Gavin Newsom, has already increased the presence of the National Guard at the border and ports to hinder drug trafficking.

If Kamala Harris wins, some Republican state leaders may send National Guard members to the border as a political move, under the idea of an increase in traffic.

What Can the National Guard Do at the Border?

If you are deployed to assist with Operation Lone Star, Operation Jump Start, or any other border-related efforts, chances are, you’ll be involved with the following tasks as needed:

• Building roads, putting up lights, building fences, installing cameras, and basically, constructing various types of infrastructure.

• Counter-narcotic missions are also common, particularly at night. Due to the resources of the military, both law enforcement and border patrol receive a boost from the use of helicopters with lights attached to them.

• Arresting illegal immigrants who are caught trying to enter the United States.

• Various tasks involving law enforcement or emergencies, as detailed by DoD policy for defense support of civil authorities (DSCA).

What Guardsmen Can’t Do

Even if the National Guard deploys to the border following Election Day, there are several limitations you can expect if you're called upon.

For example, the Posse Comitatus Act limits domestic policing, including at the border, unless exceptions are granted by Congress or the Constitution.

Military members are also barred from using force or conducting surveillance, except for self-defense or defense of others during assigned missions.

If a national security threat is deemed significant, the President or Congress can override restrictions from the Posse Comitatus Act, due to exceptions, such as the Insurrection Act and the Calling Forth Act, both of which have made waves due to suggestions from political leaders of their use on Election Day.

The bottom line is nobody knows exactly what will happen after the election regarding a National Guard deployment to the border.

However, if you are sent south to help maintain order, service will look like a mix of assisting border patrol, constructing infrastructure, helping if there's an emergency, and thankfully, likely, a lot less violent than other deployment scenarios.

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