President Donald Trump has declared that the ongoing crisis at the United States' southern border has reached a level where military intervention is required. He has issued a presidential memorandum to send the National Guard down to areas along the border to secure positions and stop the flow of illegal immigrants and narcotics.
At least one governor is defying that order. Oregon governor Kate Brown quickly took to Twitter to declare that she will in fact not be sending any of her state's troops to help with the president's order.
If @realDonaldTrump asks me to deploy Oregon Guard troops to the Mexico border, I’ll say no. As Commander of Oregon’s Guard, I’m deeply troubled by Trump’s plan to militarize our border.
— Governor Kate Brown (@OregonGovBrown) April 4, 2018
Per Governor Brown, she feels that the president is using the National Guard as a distraction from his troubles in Washington.
True or not, her refusal of the order is sure to set up Trump's next legal battle.
Does Governor Brown have the authority?
The quick answer of whether or not Governor Brown has the legal authority to withhold the state's National Guard troops is yes, she can. The National Guard, a reserve force of the U.S. army, reports directly to the governor in each state. That is why when a state of emergency is declared, you often see the National Guard quickly mobilizing in the community. The state can deploy these troops quickly without involving the Federal government.
Having the president order a state to do something is not uncommon. However, when the states push back, it is hard to see who actually deserves to be right.
Usually, a lengthy legal process is needed to sort out the facts and even then, all decisions end up being appealed extensively. Thus is the ever continuing struggle between the federal and state governments.
Trump has some support
Not everyone is against Trump's idea to mobilize the National Guard. Texas Governor Gregg Abbott welcomed the help in his home state.
Texas is on the front line of the border crisis and has seen it all. From illegal immigrants to the crime and bloodshed brought by drug cartels, nothing is a surprise anymore. While many politicians will toe the party line in support of or against this move, those that live along the border have a firsthand look at the problem.
What does this mean for the border?
Now that the military is getting involved, expect to see a rise in arrests and detentions along the border. Cartels will no doubt make adjustments to how they smuggle their contraband into the United States to avoid unnecessary attention. They have been doing just that for the last several decades.
What will be interesting to see is the first high-profile incident involving the National Guard. Depending on the nature of the incident and how the troops respond, this will greatly shape public opinion as to whether or not this move is helping the situation.