Quote Originally Posted by Bailey Guns View Post
If anything comes of this that actually causes a federal immigration law and/or drug laws to be enforced (which would be illegal if performed by NG troops, wouldn't it?) it'll be strictly by accident.
The Posse Comitatus Act prohibits most members of the federal uniformed services (today the Army, Navy, Air Force, and State National Guard forces when such are called into federal service) from exercising nominally state law enforcement, police, or peace officer powers that maintain "law and order" on non-federal property (states and their counties and municipal divisions) within the United States. (Source: http://en.wikipedia.org/wiki/Posse_Comitatus_Act).

The question needing to be asked, is there a zone along the border which is officially "federal" (versus state, county, or local) property?

Also, the John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122), which was signed into law on October 17, 2006.[3]
Section 1076 is titled "Use of the Armed Forces in major public emergencies". It provided that:
The President may employ the armed forces... to... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition... the President determines that... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such... a condition... so hinders the execution of the laws... that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
Based on what I hear of this new challenge to the AZ law, it sounds like the fed's are setting up for action based on the Nat Defense Act.