There was a thread in another section of the forum which unfortunately degenerated into bickering. The discussion of the military being used to patrol our borders against "undocumented immigration" not being legal due to the Posse Comitatus Act was brought up. It was also brought up that undocumented immigration is not a criminal law but a civil crime. Both subsequently are not true.

Two things about Posse Comitatus, one is that it only applies to the Army, Navy, Air Force and Marines (including their reserve components) but it does not apply to the National Guard and the Coast Gaurd. The National Guard when operating in a state status under Title 32 of the US Code exempts them from Posse Comitatus. The Coast Guard doesn't fall under the DOD, initially they were under the Department of Transportation and now fall under the Department of Homeland Security.

The second issue is the "erosion" of the Posse Comitatus Act. Congress approved the use of the Navy and Air Force for anti-drug law enforcement, tariff enforcement and immigration control with 10 U.S.C. sections 371-381. These changes to Posse Comitatus began in the 1980s with President Reagan.

As for "undocumented immigration" being a civil crime? Not true, Title 8 section 1325 of the U. S. Code (Improper Entry by Alien) makes entering the United States by a non U.S. citizen by any means other than through designated immigration points, eludes examination and/or inspection by immigration officers or tries to enter the U.S. using false information or omitting information has committed a federal crime. They can receive criminal fines and imprisonment of up to six months and repeat offenders can be imprisoned for up to two years. Civil fines may also be imposed.

Sorry i just have issues with people spouting "fact" without knowing what the facts are.
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