Posse Comitatus only applies to the feds. The governor can have the Guard escort ICE and keep them from violating the law.
But Walz also knows what’s really happening here. Trump keeps having military deployments stopped by judges, and with all its funding ICE just isn’t big enough to do this shit large scale, so they’ve put all their efforts into Minnesota trying to get the locals to fight back as a justification to invoke the Insurrection Act.
They’re actively trying to get a few ICE goons killed.
However, under 10 U.S.C. § 12406, the President may place a state’s National Guard under federal command if (1) the United States is invaded, (2) there is a rebellion or danger of rebellion against federal authority, or (3) the President is unable to enforce federal law with existing forces. Once federalized under Title 10, National Guard personnel are treated as active-duty military and become subject to the Posse Comitatus Act. Separately, under 32 U.S.C. § 502(f), the President or Secretary of Defense can request that a state governor issue orders for members of that state’s National Guard to perform duties, including law enforcement functions. However, in this case, the National Guard remains under the control of the governor and the governor retains legal authority to refuse the request. Because the Guard remains under state command in Title 32 status, the Posse Comitatus Act does not apply.
Posse Comitatus only applies to the feds. The governor can have the Guard escort ICE and keep them from violating the law.
But Walz also knows what’s really happening here. Trump keeps having military deployments stopped by judges, and with all its funding ICE just isn’t big enough to do this shit large scale, so they’ve put all their efforts into Minnesota trying to get the locals to fight back as a justification to invoke the Insurrection Act.
They’re actively trying to get a few ICE goons killed.
Kinda
However, under 10 U.S.C. § 12406, the President may place a state’s National Guard under federal command if (1) the United States is invaded, (2) there is a rebellion or danger of rebellion against federal authority, or (3) the President is unable to enforce federal law with existing forces. Once federalized under Title 10, National Guard personnel are treated as active-duty military and become subject to the Posse Comitatus Act. Separately, under 32 U.S.C. § 502(f), the President or Secretary of Defense can request that a state governor issue orders for members of that state’s National Guard to perform duties, including law enforcement functions. However, in this case, the National Guard remains under the control of the governor and the governor retains legal authority to refuse the request. Because the Guard remains under state command in Title 32 status, the Posse Comitatus Act does not apply.