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insurrection act
Veterans Oppose Mass Deportations and Domestic Military Deployments
Veterans for Peace will support military personnel who question the legality of Trump’s orders.
Feb 10, 2025
Veterans For Peace strongly objects to the Trump administration’s racist campaign of mass deportation of undocumented workers, who are our friends, neighbors, and even our fellow veterans. We condemn the violent raids that are sowing fear and terror in communities across the United States. As veterans, we are particularly opposed to the misuse and abuse of U.S. military personnel, including their illegal deployment to the U.S. border with Mexico.
Since U.S. President Donald Trump’s inauguration, about 1,000 U.S. Army personnel and 500 Marines have been sent to the border, in addition to 2,500 National Guard members already there. Helicopter units are being sent along with U.S. Air Force C-17 and C- 130 aircraft; and Stars and Stripes reports that 20-ton Stryker armored combat vehicles may also be shipped. The number of U.S. military personnel on the U.S.-Mexico border may rise to as many as 10,000, according to the Defense One newsletter.
The use of active-duty military personnel for domestic policing operations is strictly forbidden by the Posse Comitatus Act, and legal challenges are being mounted. President Trump says he may invoke the Insurrection Act, which effectively overrides Posse Comitatus by allowing the Executive to declare a national emergency requiring the domestic deployment of U.S. troops. But using the Insurrection Act to override the protections of the Posse Comitatus Act and deploy U.S. troops within the United States to investigate, detain, and remove illegal immigrants would be an unprecedented use of presidential power and misuse of the military, according to a recent report by the New York City Bar.
Just because the president says so does not make it legal.
What we have here is a U.S. president who is willing to engage thousands of U.S. military personnel in what appears—among other atrocities—to be a profit-making scheme based on a contrived border crisis. According to Customs and Border Protection data, monthly migrant apprehensions along the U.S.-Mexico border between December 2023 and December 2024 were reduced dramatically from 249,740 to 47,326 apprehensions. Nevertheless, Immigration and Customs Enforcement officials reportedly want to build four new detention centers with 10,000 beds each, along with 14 smaller facilities that each contain around 1,000 beds each. According to the American Immigration Counsel, “That would likely mean tens of billions in taxpayer funds sent to private prison companies,” at least one of whom, CoreCivic, donated $500,000 to the Trump-Vance inaugural committee.
Trump is also calling for 30,000 immigrants to be detained at the notorious U.S. gulag at Guantanamo Bay, where U.S. laws and protections do not exist. This would also be another slap in the face of Cuba’s sovereignty over its own territory.
Tragically, this bogus campaign is terrifying, and profoundly disrupting the lives of millions of peaceful, extremely hard-working, tax-paying members of U.S. society. Even as the U.S. government is complicit in the ethnic cleansing of Indigenous Palestinians from Gaza, it is now “cleansing” the U.S. of immigrants, many of whom are Indigenous to North America. According to a recent report by Human Rights Watch, the “border deterrence” policy—now being carried out with soldiers and Marines—causes the death of more than 2,500 migrants per year, as they are intentionally forced onto the most perilous routes.
These abuses of U.S. law and human rights put U.S. military personnel in a very difficult position. What can active-duty military and National Guard members do when they do not want to be used in an illegal and immoral campaign against their neighbors, or even their own families?
Veterans to GIs: We Will Support You When You Refuse Illegal or Immoral Orders
Just because the president says so does not make it legal. You swore to uphold the Constitution of the United States of America. You have the legal right and obligation to do so. Veterans For Peace supports U.S. military personnel who choose not to participate in the U.S.-Mexico border deployment, or in sending weapons to Gaza, or in other questionable military activities around the globe. We will put you in touch with trained counselors and lawyers who can advise you of your legal rights.
You can start by calling the GI Rights Hotline at 1-877-447-4487. You can legally contact your congressional representatives to tell them your concerns by utilizing the Appeal for Redress. And be sure to check out the recently updated Know Your Rights guide from the Military Law Task Force of the National Lawyers Guild.
As veterans of illegal, immoral U.S. wars in Vietnam, Iraq, Afghanistan and too many other places, we understand that you are in a tough place. But you do have options—you are still the boss of your own life. When you follow your conscience and stand up for what is right, you will have the support of Veterans For Peace.
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Is Trump Putting Nation on Dangerous Path Toward a Second Civil War
What happens when we refuse to allow Trump’s lackeys to wreak revenge on his political enemies who live within our states and communities?
Dec 06, 2024
Trump may force a second civil war on America with his plan to use the military to round up at least 11 million undocumented people inside the United States — even if it means breaking up families — send them to detention camps, and then deport them.
As well as his plan to target his political enemies for prosecution — including Democrats, journalists, and other critics.
What happens when we, especially those of us in blue states and cities, resist these authoritarian moves — as we must, as we have a moral duty to?
What happens when we try to protect hardworking members of our communities who have been our neighbors and friends for years, from Trump’s federal troops?
What happens when we refuse to allow Trump’s lackeys to wreak revenge on his political enemies who live within our states and communities?
Will our resistance give Trump an excuse to use force against us?
This is not far-fetched. We need to answer these questions for ourselves. We should prepare.
A civil war is not inevitable. We must do what we can to protect those who are most vulnerable to Trump’s fascism.
Trump has said he’ll use the Insurrection Act — which grants a president the power to “take such measures as he considers necessary” to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy.”
He’s also said he’ll use the Alien Enemies Act of 1798 to end sanctuary cities. Such cities now limit cooperation with federal immigration authorities. Trump told Fox News’s Harris Faulkner that “we can do things in terms of moving people out.”
The Enemies Act states that “Whenever there shall be a declared war between the United States and any foreign nation or government … and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”
The Enemies Act was part of a group of laws enacted at the end of the 18th century — the Alien and Sedition Acts — which severely curtailed civil liberties in the young United States, including by tightening restrictions on foreign-born Americans and limiting speech critical of the government.
Would Trump essentially declare war on states and communities that oppose him?
When he was president last time, he acted as if he was president only of the people who voted for him — overwhelmingly from red states and cities — and not the president of all of America. He supported legislation that hurt voters in blue states, such as his tax law that stopped deductions of state and local taxes from federal income taxes.
Two Americas
Underlying Trump’s dangerous threats is the sobering reality that we are rapidly becoming two Americas.
One America is largely urban, college-educated, and racially and ethnically diverse. It voted overwhelmingly for Kamala Harris.
The other America is largely rural or exurban, without college degrees, and white. It voted overwhelmingly for Trump.
Even before Trump’s win, red zip codes were getting redder and blue zip codes, bluer. Of the nation’s total 3,143 counties, the number of super-landslide counties — where a presidential candidate won at least 80 percent of the vote — jumped from 6 percent in 2004 to 22 percent in 2020 and appears to be even higher in 2024.
Just a dozen years ago, there were Democratic senators from Iowa, North Dakota, Ohio, Arkansas, Alaska, North Carolina, Florida, Indiana, Louisiana, Missouri, Montana (two!), and West Virginia.
Today, there’s close to a zero chance of a Democrat being elected to the Senate from any of these states.
Surveys show that Americans find it increasingly important to live around people who share their political values.
Animosity toward those in the opposing party is higher than at any time in living memory. Forty-two percent of registered voters believe Americans in the other party are “downright evil.”
Almost 40 percent would be upset at the prospect of their child marrying someone from the opposite party.
Even before the 2024 election, when asked if violence would be justified if the other party won the election, 13.8 percent of Democrats and 18.3 percent of Republicans responded in the affirmative.
Red states are becoming even more reactionary.
Since the Supreme Court’s decision to reverse Roe v. Wade left the issue of abortion to the states, 1 out of 3 women of childbearing age now lives in a state that makes it nearly impossible to obtain an abortion.
Even while red states are making it harder than ever to get abortions, they’re making it easier than ever to buy guns.
Red states are also banning diversity, equity, and inclusion (DEI) initiatives in education. Florida’s Board of Education prohibited public colleges from using state and federal funds for DEI. Texas Governor Greg Abbott has required all state-funded colleges and universities close their DEI offices.
In Florida and Texas, teams of “election police” were created to crack down on the rare crime of voter fraud, another fallout from Trump’s big lie.
They’re banning the teaching of America’s history of racism. They’re requiring transgender students to use bathrooms and join sports teams that reflect their sex at birth.
They’re making it harder to protest.
They’re making it more difficult to qualify for unemployment benefits and other forms of public assistance.
And harder than ever to form labor unions.
They’re even passing “bounty” laws — enforced not by governments but by rewards to private citizens for filing lawsuits — on issues ranging from classroom speech to abortion to vaccination.
Blue states are becoming more progressive.
Meanwhile, several blue states, including Colorado and Vermont, are codifying a right to abortion.
Some are helping cover abortion expenses for out-of-staters.
When Idaho proposed a ban on abortion that empowers relatives to sue anyone who helps terminate a pregnancy after six weeks, nearby Oregon approved $15 million to help cover the abortion expenses of patients from other states.
Trump would like nothing better than a civil war over himself. He loves to be at the center of attention, which is often at the center of the chaos and outrage he has created.
Maryland and Washington have expanded access and legal protections to out-of-state abortion patients. California has expanded access to abortion and protected abortion providers from out-of-state legal action.
After the governor of Texas ordered state agencies to investigate parents for child abuse if they provide certain medical treatments to their transgender children, California enacted a law making the state a refuge for transgender youths and their families.
California already bars anyone on a state payroll (including yours truly, who teaches at Berkeley) from getting reimbursed for travel to states that discriminate against LGBTQ+ people.
Where will all this end?
Trump would like nothing better than a civil war over himself. He loves to be at the center of attention, which is often at the center of the chaos and outrage he has created.
Short of a civil war, the gap between red and blue America might continue to widen — roughly analogous to unhappily married people who don’t want to go through the trauma of a formal divorce and simply drift apart.
But a civil war is not inevitable. We must do what we can to protect those who are most vulnerable to Trump’s fascism. But this doesn’t mean allowing him to goad us into civil war.
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Trump Slammed Over Plans for National Emergency and Mass Deportations
"Mass deportations aren't just inhumane," one congresswoman said. "Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
Nov 18, 2024
Migrant rights advocates on Monday sharply criticized U.S. President-elect Donald Trump after he confirmed plans to declare a national emergency and use the military to pursue his long-promised mass deportations, despite legal and logistical barriers.
Shortly after Trump's electoral victory earlier this month, Tom Fitton, president of the right-wing group Judicial Watch, welcomed reports that the incoming administration is "prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program."
Fitton's post was on Trump's platform, Truth Social. The president-elect responded early Monday, simply saying, "TRUE!!!"
While Trump didn't provide additional details on Monday, fearmongering about immigrants has been a priority for the president-elect since he entered politics during the 2016 cycle and recent reporting has previewed what could come when he returns to the White House after campaigning on a pledge to "launch the largest deportation program in American history."
In the latest elections, Republicans retained control of the U.S. House of Representatives and reclaimed a Senate majority, but Democrat Yassamin Ansari had a decisive win in Arizona's 3rd Congressional District. She said Monday that "Trump's plan to use the military to aid mass deportation is abhorrent and hateful, and will directly impact many of my constituents in AZ-03. Using the world's strongest military to target the most vulnerable community is not leadership, it's abuse of power."
Vanessa Cárdenas, senior director of communication for America's Voice, similarly said in a statement that "Trump continues promoting anti-immigration hate and is using it as an excuse to appropriate the military for domestic law enforcement and circumvent normal checks and balances on presidential power."
Cárdenas continued:
Trump and allies are attempting to justify their potential use of the military to conduct indiscriminate mass raids and roundups by wrapping it in the language of 'invasion' and the false notion that America is under assault, and it must be repelled by force. Yet just because Trump and allies have spent recent years normalizing this idea and making this assertion doesn't make it any less radical. Let's be clear, this is the adoption of a white nationalist conspiracy theory, already linked to multiple deadly acts of gun violence against civilians, which is driving federal policy and Republican agendas.
Despite the martial language and emphasis on the border and recent arrivals, make no mistake that the Trump team is planning to target long-settled immigrants and mixed-status families as part of their mass deportations. Having legal status and even citizenship is not necessarily a shield of protection. Their pledges to end immigration enforcement priorities, while making as many people as possible deportable, is a disturbing tell that their definition of 'criminal' will look fundamentally different from most Americans' conceptions. Perhaps most disturbingly, the resulting fear and cruelty that will be on display is likely a feature and not a bug to those in charge.
Pointing to Trump's previous term, Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said Monday that "my lesson from the first time around is that we absolutely cannot take things that the Trumpworld people say as gospel, given their total lack of specifics and total willingness to make grandiose pronouncements that are aimed at triggering the libs and making headlines."
"The National Emergencies Act is a specific law which unlocks specific authorities to do specific things—a president doesn't declare a national emergency and then become king. And 'use the military for deportations' isn't one of those specific things," he highlighted, citing the Brennan Center for Justice guide on emergency powers.
Reichlin-Melnick acknowledged that "last time, Trump invoked a specific emergency authority to unlock military construction funding—and direct more troops to do logistical support at the border" with Mexico.
The New York Timesreported Monday that during the Republican primary campaign, "Mr. Trump's top immigration policy adviser, Stephen Miller, said that military funds would be used to build 'vast holding facilities that would function as staging centers' for immigrants as their cases progressed and they waited to be flown to other countries."
Miller—architect of the forced family separation program from Trump's first term—is set to serve as deputy chief of staff for policy in the next administration. The president-elect has also named other immigration hard-liners for key posts: Tom Homan, former acting director of Immigration and Customs Enforcement (ICE), as "border czar" and GOP South Dakota Gov. Kristi Noem for homeland security secretary.
"Mr. Miller has also talked about invoking a public health emergency power to curtail hearing asylum claims," according to the Times. Trump's team also plans to "expand a form of due-process-free expulsions known as expedited removal" and "stop issuing citizenship-affirming documents, like passports and Social Security cards, to infants born on domestic soil to undocumented migrant parents."
Additionally, the newspaper noted, Trump intends to bolster the ICE ranks "with law enforcement officials who would be temporarily reassigned from other agencies, and with state National Guardsmen and federal troops activated to enforce the law on domestic soil under the Insurrection Act."
Joseph Nunn, a counsel in the Brennan Center's Liberty and National Security Program, explained in 2022 that "although it is often referred to as the 'Insurrection Act of 1807,' the law is actually an amalgamation of different statutes enacted by Congress between 1792 and 1871" to enable "the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations."
Congresswoman Ilhan Omar (D-Minn.) on Monday expressed concern about Trump's potential use of another law enacted in 1978.
"Donald Trump plans to declare a national emergency and utilize the Alien Enemies Act to conduct mass deportations," Omar, a war refugee, said on social media. "This xenophobia and cruelty shouldn't be allowed in America. We are going to fight it every step of the way."
As Nunn's Brennan Center colleague Katherine Yon Ebright detailed last month, the law "allows the president to detain or deport the natives and citizens of an enemy nation," and although "enacted to prevent foreign espionage and sabotage in wartime, it can be—and has been—wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States."
While Trump and his allies have prepared to use any powers they can to deport the estimated 11 million undocumented immigrants in the United States, rights advocates and reporters have warned of the consequences of their plans for not only those people, but also 20 million mixed-status families and citizens who would suffer from the economic consequences.
As Mother Jones' Isabela Dias recently laid out, mass deportations would have major negative impacts on care, food, and infrastructure while enriching charter flight operators, consulting firms, private prison companies, and surveillance contractors.
Congresswoman Jasmine Crockett (D-Texas) issued a warning after Trump's Monday post, declaring that "this will hurt all of us."
Spotlighting a Monday report in the Milwaukee Journal Sentinel, Rep. Gwen Moore (D-Wis.) similarly stressed that "mass deportations aren't just inhumane—they'd devastate America's agricultural industry. Combined with his tariffs, Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
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