Stephen Mihm, Columnist

Law Says Troops Can't Be Cops. History Disagrees.

A 19th-century statute seems to bar Trump from sending soldiers to beef up border security. But it's too feeble.
Photographer: Guillermo Arias/AFP/Getty Images
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President Donald Trump announced last week that he would send troops to guard the U.S.-Mexico border to beef up immigration enforcement. “Until we can have a wall and proper security,” Trump said, “we are going to be guarding our border with our military.”

Trump’s plan raised alarm bells about possible violations of the 19th-century Posse Comitatus Act, which forbids the military from active involvement in civilian law enforcement. At first glance, Trump’s action looks like another instance of his habitual disregard for the rule of law.