Earlier today the Associated Press ran a facially false story about a plan to use National Guard troops to round up illegal aliens. This is the tweet:
Read it carefully. The fallacy here is that it implies that the National Guard troops will be federalized (note the word mobilized) for this project. While a governor can use the National Guard for most anything he wishes so long as it remains paid for by the state and under state control, once National Guard troops are mobilized they are de facto and de jure federal troops and indistinguishable from the Regular Army. The obvious legal barrier to this plan is the Posse Comitatus Act which forbids the use of federal troops in a law enforcement role. This is the lede from the story:
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.
Staffers 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, Oregon, and as far east as New Orleans, Louisiana.
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.”
“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.”
After some delay the AP finally produced the actual memo. This is a screen grab of the relevant portion: