DHS weighed mobilizing National Guard for immigration roundups; Arkansas included in proposal

Posted: February 17, 2017 at 9:51 a.m.
Updated: February 17, 2017 at 11:58 a.m.

FILE - In this Feb. 24, 2015, file photo, members of the National Guard patrol along the Rio Grande at the Texas-Mexico border in Rio Grande City, Texas. The Trump administration is considering a proposal to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants, including millions living nowhere near the Mexico border, according to a draft memo obtained by The Associated Press. (AP Photo/Eric Gay, File)

The Trump administration considered a proposal to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants, including millions living nowhere near the Mexico border, according to a draft memo obtained by The Associated Press.

Staff members in the Department of Homeland Security said the proposal had been discussed as recently as last Friday.

The 11-page document calls for the unprecedented militarization of immigration enforcement as far north as Portland, Ore., and as far east as New Orleans.

Four states that border on Mexico were included in the proposal — California, Arizona, New Mexico and Texas — but it also encompasses seven states contiguous to those four — Oregon, Nevada, Utah, Colorado, Oklahoma, Arkansas and Louisiana.

White House spokesman Sean Spicer said Friday the document was "not a White House document."

[DOCUMENT: Read the National Guard draft memo]

"There is no effort to do what is potentially suggested," he said. Spicer called the AP report "100 percent not true, adding that there was "no effort at all to utilize the National Guard to round up unauthorized immigrants."

A DHS official described the document as a very early draft that was not seriously considered and never brought to the secretary for approval.

The AP had sought comment from the White House beginning Thursday and DHS earlier Friday and had not received a response from either.

Governors in the 11 states would have had a choice whether to have their guard troops participate, according to the memo, which bears the name of U.S. Homeland Security Secretary John Kelly, a retired four-star Marine general.

While National Guard personnel have been used to assist with immigration-related missions on the U.S.-Mexico border before, they have never been used as broadly or as far north.

The memo was addressed to the then-acting heads of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. It would have served as guidance to implement the wide-ranging executive order on immigration and border security that President Donald Trump signed Jan. 25. Such memos are routinely issued to supplement executive orders.

Also dated Jan. 25, the draft memo says participating troops would be authorized "to perform the functions of an immigration officer in relation to the investigation, apprehension and detention of aliens in the United States." It describes how the troops would be activated under a revived state-federal partnership program, and states that personnel would be authorized to conduct searches and identify and arrest any unauthorized immigrants.

Nearly one-half of the 11.1 million people residing in the U.S. without authorization live in the 11 states, according to Pew Research Center estimates based on 2014 Census data.

Use of National Guard troops would greatly increase the number of immigrants targeted in one of Trump's executive orders last month, which expanded the definition of who could be considered a criminal and therefore a potential target for deportation. That order also allows immigration agents to prioritize removing anyone who has "committed acts that constitute a chargeable criminal offense."

Under current rules, even if the proposal had been implemented, there would not be immediate mass deportations. Those with existing deportation orders could be sent back to their countries of origin without additional court proceedings. But deportation orders generally would be needed for most other unauthorized immigrants.

The troops would not be nationalized, remaining under state control.

Spokespeople for the governors of nine of the states either declined to comment or said it was premature to discuss whether they would participate.

Arkansas Gov. Asa Hutchinson said his state had not had any contact about the proposal, but added, "I would have concerns about the utilization of National Guard resources for immigration enforcement."

A representative for Texas did not immediately respond to the AP.

Check back for updates and read Saturday's Arkansas Democrat-Gazette for full details.