Military Support for Customs and Border Protection Along the Southern Border Under the Posse Comitatus Act

(Slip Opinion) Military Support for Customs and Border Protection Along the Southern Border Under the Posse Comitatus Act The Department of Defense’s proposed use of military personnel to provide limited assistance with respect to certain Customs and Border Protection inspection and observation functions along the southern border of the United States is permissible under the Posse Comitatus Act and applicable regulations. January 19, 2021 MEMORANDUM OPINION FOR THE GENERAL COUNSEL DEPARTMENT OF DEFENSE The Posse Comitatus Act, 18 U.S.C. § 1385, restricts the use of “any part of the Army or…