Judge Andrew Napolitano told Newsmax on Monday that President-elect Donald Trump will face legal hurdles if he tries to use the military for mass deportations.
"So if the attorney general of the United States or the secretary of Homeland Security says to the governor of Connecticut, 'We have 10,000 people in Connecticut that we have to deport; we don't have enough federal agents; we're going to use the Connecticut State Police to help us,' the governor of Connecticut can say no," Napolitano said on "Carl Higbie FRONTLINE," referencing a Supreme Court ruling prohibiting federal authorities from commandeering state resources against the will of state governors.
Napolitano further explained that while states cannot actively obstruct federal operations — citing a case in which a Massachusetts judge was charged with helping an undocumented immigrant evade immigration authorities — they are under no obligation to provide assistance.
"So interfering with the feds, obviously, is a crime. Standing by and not helping them, that's the prerogative of the governor," he said.
"They can only use the military if the state of affairs is not controllable by ordinary law enforcement assets," he said.
He clarified that deploying the military would require an untenable situation in which state police and federal agencies cannot maintain control. Even then, state governors must request military assistance, Napolitano said.
"If the governor doesn't ask for military assistance, there are very little options the president has."
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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