BORDER
Saturday, April 7, 2018
East Oregonian
Page 9A
Trump troop request gives governors opening to say ‘no’
By ANDREW SELSKY
and TOM JAMES
Associated Press
SALEM — President
Donald Trump’s plan to
deploy National Guard troops
to the Mexico border has
drawn resistance from some
governors, most of them
Democrats, and the law he
invoked creates an opening
for them to turn him down,
officials said Friday.
But so far, three of the
border states with Republican
governors have endorsed the
plan, and two, Arizona and
Texas, quickly announced
troop deployments. The
Democratic governor of the
fourth border state, California,
has been silent on the issue.
Trump’s order invoked
a federal law called Title
32, under which governors
retain command and control
of Guard members from
their state, with the federal
government paying for the
deployment.
Another statute, known
as Title 10, establishes that
National Guard personnel
operate under the president’s
control and receive federal
pay and benefits. The law also
forbids them from performing
tasks of civilian law enforce-
ment
unless
explicitly
authorized, according to
the Congressional Research
Service. Trump’s order issued
Wednesday did not mention
Title 10.
Arizona’s
Republican
Gov. Doug Ducey said about
150 Guard members will
deploy next week. The GOP
governors of New Mexico
and Texas also back the plan.
The Texas Army National
Guard planned to deploy 250
people to the border within
three days.
Trump said Thursday that
he wants to send 2,000 to
4,000 Guard members to the
border to help federal officials
fight illegal immigration and
drug trafficking. Homeland
Security Secretary Kirstjen
Nielsen said on Twitter that
she had a “productive conver-
sation” about the deployment
with governors of the South-
Mark Ylen/Albany Democrat-Herald via AP, File
Oregon Rep. Andy Olson shakes hands with Sgt. Cruz Bryan while formally welcoming back Oregon Army National Guard members during a
demobilization ceremony of the Oregon National Guard’s 162nd Infantry Regiment in Albany in June 2015.
west border states.
It’s unclear if Trump will
ask for troops from states
other than those along the
border.
White House press secre-
tary Sarah Huckabee Sanders
described the deployment
as “a good first step.” If the
administration
determines
that more troops are needed,
“we’ll make that decision at
that time.”
Nevada
Gov.
Brian
Sandoval, also a Republican,
on Friday became one of
the latest leaders to oppose
Trump’s plan. His spokes-
woman, Mary-Sarah Kinner,
said in an email that Sandoval
does not believe the mission
would be “an appropriate
use” of the Nevada Guard.
But North Dakota Gov.
Doug Burgum said his state
would “answer the call,” just
as it has done in other times of
need, like historic floods.
“We North Dakotans
know from experience how
critical it is for states to
support each other in times of
need,” Burgum said.
Oregon Gov. Kate Brown
has said she would deny
Trump’s request.
“As
commander
of
Oregon’s Guard, I’m deeply
troubled by Trump’s plan to
militarize our border,” Brown
tweeted.
Her spokesman, Bryan
Hockaday, said that if Trump
invoked Title 10, the president
“can federalize the National
Guard forces, and there’s not
much the governor can do to
prevent that.”
However, under Title 32,
a governor could try to reject
a request for troops or order
Guard members to remain
in rear staging areas and not
participate.
“If the president were to
deploy under Title 32, he’d
obviously have to have the
approval of the governor,”
Hockaday said, citing an
assessment from the gover-
nor’s attorney. Lawyers
reviewed all the pertinent
legal provisions as soon as
Brown’s office heard the
announcement about the
deployment plan, he added.
Sessions orders ‘zero tolerance’
policy for border crossers
SAN DIEGO (AP) — Attorney
General Jeff Sessions on Friday ordered
a “zero tolerance” policy aimed at people
entering the United States illegally for
the first time on the Mexican border.
Sessions told federal prosecutors in
border districts to put more emphasis
on charging people with illegal entry,
which has historically been treated as a
misdemeanor offense for those with few
or no previous encounters with border
authorities. Smugglers and frequent
offenders are usually charged with more
serious crimes.
His one-page order lacks specifics on
how the policy will be carried out but
signals that major change is in the works.
He tells prosecutors to ask for additional
resources if needed to prosecute cases.
Sessions said “a crisis has erupted”
on the border, requiring more criminal
prosecutions. He issued a similar direc-
tive a year ago that addressed a larger
number of border crimes and used softer
language on new offenders, saying that
prosecutors “should aim to accomplish
the goal of deterring first-time improper
entrants.”
His new order introduces the
zero-tolerance terminology and deals
exclusively with the statute applied
to first-time crossers, saying a recent
increase in illegal crossings “requires an
updated approach.”
A conviction for illegal entry carries
a maximum penalty of six months in
prison for first-time crossers and two
years for repeat offenses. In practice,
many are deported after pleading guilty
and spending a few days in jail.
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