Some governors resist sending Guard to border
SALEM, Ore. — President Donald Trump’s plan to deploy National Guard troops to the Mexico border has drawn resistance from some governors, most of them Democrats, and the law he invoked creates an opening for them to turn him down, officials said Friday.
But so far, three of the border states with Republican governors have endorsed the plan, and one, Arizona, quickly announced a troop deployment. The Democratic governor of the fourth border state, California, has been silent on the issue.
Trump’s order invoked a federal law called Title 32, under which governors retain command and control of Guard members from their state, with the federal government paying for the deployment.
Another statute, known as Title 10, establishes that National Guard personnel operate under the president’s control and receive federal pay and benefits. Trump’s order issued Wednesday did not mention Title 10.
Arizona Gov. Doug Ducey said about 150 Guard members would deploy next week. The Texas National Guard was sending an “initial surge” of 250 troops to the border within the next 72 hours.
Trump said Thursday that he wants to send 2,000 to 4,000 Guard members to the border to help federal officials fight illegal immigration and drug trafficking. It’s unclear if Trump will ask for troops from states other than those along the border. If he asks for troops from Ohio, Gov. John Kasich indicated this week that he would comply.
But Nevada Gov. Brian Sandoval, also a Republican, on Friday became one of the latest leaders to oppose Trump’s plan. His spokeswoman, Mary-Sarah Kinner, said Sandoval does not believe the mission would be “an appropriate use” of the Nevada Guard.
Oregon Gov. Kate Brown also has said she would deny Trump’s request.
“As commander of Oregon’s Guard, I’m deeply troubled by Trump’s plan to militarize our border,” Brown tweeted.
Meanwhile, Attorney General Jeff Sessions on Friday ordered a “zero tolerance” policy aimed at people entering the United States illegally for the first time on the Mexican border.
Sessions told federal prosecutors in border districts to put more emphasis on charging people with illegal entry, which has historically been treated as a misdemeanor offense for those with few or no previous encounters with border authorities. Smugglers and frequent offenders are usually charged with moreserious crimes.
Sessions said “a crisis has erupted” on the border, requiring more criminal prosecutions. A conviction for illegal entry carries a maximum penalty of six months in prison for first-time crossers and two years for repeat offenses. In practice, many are deported after pleading guilty and spending a few days in jail.
Border Patrol figures show Mexicans are much less likely to try crossing again if they were criminally charged than if they were simply turned around.