DOJ Lets Troops Arrest Illegal Immigrants Off Base

The Justice Department issued a legal opinion Friday concluding that military personnel may arrest illegal immigrants who trespass into the government's border "National Defense Areas" — and may pursue and arrest them just outside those zones, after they have left Defense Department land.

The opinion, from the Office of Legal Counsel, says that does not violate the Posse Comitatus Act, the law that generally bars the military from enforcing civilian law on U.S. soil.

Six National Defense Areas have been set up along the southern border, in Arizona, California, New Mexico and Texas, according to CBS News. The opinion says the military has suggested it may designate more.

What the Opinion Says

"In sum, we conclude that the use of military personnel to arrest trespassers just outside of an NDA would not violate the [Posse Comitatus Act], given the express statutory authorization and the military-purpose of a commander's traditional protective power," Hyde wrote.

Hyde also argued that empty land still carries a military purpose. "Even though substantial portions of the NDAs may be presently unoccupied or have no standing structures on them, there is a military necessity to ensure that unauthorized persons are not establishing a position to monitor the activities of U.S. forces for intelligence-gathering purposes or conducting reconnaissance in preparation for a terrorist attack," he concluded.

The Washington Times reported that Hyde said the finding does not give troops "free license to enforce civil law."