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.

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

The Lawfare Podcast