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A case study in defense support to civil authorities and its implications for border security
In June of 2006, in accordance with a memorandum of agreement between the governors of the states of Arizona, California, Texas, and the Department of Defense, National Guard troops deployed to the United States' southern border in support of U.S. Customs and Border Protection (СВР). This deployment, known as Operation JUMP START, ran from June 2006 through July 2008 and was intended to provide support to СВР as it hired and trained thousands of new agents. Over the course of slightly two years, more than 30,000 soldiers and airmen provided engineering, aviation, technical, logistical, and administrative support in addition to numerous other functions. While the National Guard has a long history of domestic employment, this deployment is notable because of its length and its implications regarding the future employment of military forces on U.S. soil.
This case study will examine the background and history that drove the governors of four states to request the Federal employment of their state militias in support of border enforcement, a predominantly law enforcement function. It will then analyze the linkages between the Posse Comitatus Act and the memorandum of agreement between the governors and the DOD, which provide the legal basis for Operation Jump Start. Then, it will evaluate the policies that allowed these troops to reinforce Customs and Border Patrol under the defense support of civil authorities. Finally, it will review the benefits and negative consequences of Operation JUMP START and their possible future implications.
Operation Overview
The United States has a land border with Mexico that is over 2,000 miles long: thousands of miles of southern coastland and intercostal waterways that can facilitate illegal immigration. In the years between 1970 and 2002, the number of global migrants, many of whom migrated illegally, more than doubled. The sheer volume of illegal immigrants was overwhelming the less than 12,000 СВР agents tasked with securing the United States' southern border. In 1970, СВР apprehended 231,116 people attempting to enter the U.S. illegally. By 2005, this number had sky rocketed to 1,189,07 -a small fraction of the number who successfully entered the U.S. In 2005, legal cases were filed against 19,497 immigration defendants with only...