The Military Times reports:
The White House late Tuesday signed a memo allowing troops stationed at the border to engage in some law enforcement roles and use lethal force, if necessary — a move that legal experts have cautioned may run afoul of the Posse Comitatus Act.
The new “cabinet order” was signed by White House Chief of Staff John Kelly, not President Donald Trump. It allows “Department of Defense military personnel” to “perform those military protective activities that the Secretary of Defense determines are reasonably necessary” to protect border agents, including “a show or use of force (including lethal force, where necessary), crowd control, temporary detention. and cursory search.”
There are approximately 5,900 active-duty troops and 2,100 National Guard forces deployed to the U.S.-Mexico border. Some of those activities, including crowd control and detention, may run into potential conflict with the 1898 Posse Comitatus Act. If crossed, the erosion of the act’s limitations could represent a fundamental shift in the way the U.S. military is used, legal experts said.
Huge scoop from @TaraCopp. White House approves use of lethal force by troops at the border—and crowd control & temporary detention—something that could run afoul of the U.S. law that forbids the military from performing domestic law enforcement duties. https://t.co/KcdSjWg5v7
— Katie Bo Williams (@KatieBoWill) November 21, 2018
White House gives troops deployed to Mexican border new authority for "use of force (including lethal force, where necessary), crowd control, temporary detention. and cursory search.” https://t.co/FJ8t0gKy4K pic.twitter.com/Vjm3Bj13xv
— Marine Corps Times (@Marinetimes) November 21, 2018