Lawfare Archive: Deploying the Military at the Southern Border, with Chris Mirasola

From November 26, 2024: Lawfare Editor-in-Chief Benjamin Wittes sits down with Chris Mirasola, Assistant Professor of Law at the University of Houston Law Center, to discuss the legal and practical considerations surrounding a president’s ability to deploy the military at the U.S. southern border, particularly in light of President-elect Trump’s recent endorsement of “declar[ing] a national emergency” in order to “use military assets” for “a mass deportation program.” They discuss the implications of a national emergency declaration for immigration enforcement, the existing legal framework and historical context, and concerns about using the National Guard in a law enforcement function. They also talk about the logistics of building detention facilities, the Insurrection Act as a significant legal tool that could expand military authority in domestic contexts, and more. For more on this topic, read Chris’s recent Lawfare article, “ How Can Trump Deploy the Military at the Southern Border? ” You can watch a video version of this conversation here . To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare . You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute . Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information.