The Lawfare Podcast Lawfare Archive: Deploying the Military at the Southern Border, with Chris Mirasola
Nov 29, 2025
In this engaging discussion, Chris Mirasola, an Assistant Professor of Law specializing in national security, dives into the critical legalities of deploying military forces at the U.S. southern border. He explains how a potential national emergency declaration could reshape military roles, including contrasting support functions with direct law enforcement duties. Chris also explores the implications of the Insurrection Act and the National Guard's unique position, while addressing logistical challenges of military construction and potential delays from litigation. The conversation sheds light on the profound implications of such military involvement in domestic matters.
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Presence Is Not The Same As Policing
- National Guard presence at the southern border in hybrid status is not unprecedented.
- But assigning them significant frontline law-enforcement duties at the border would be unprecedented in recent memory.
Plan For A Spectrum Of Military Roles
- Prepare for a range of military roles from reserve backup to primary law-enforcement responsibility.
- Expect higher risks and training shortfalls if the Guard becomes the primary arrest-and-detention force.
Detention Is Doable — If Not Rushed
- The military can run detention operations well if given time and resources.
- Rapid, rushed orders to build and staff camps risk poor outcomes and potential abuses.