DanInDetroit
The United States Border Patrol is the mobile uniformed law enforcement arm of the Department of Homeland Security (DHS). It was officially established on May 28, 1924 by an act of Congress passed in response to increasing illegal immigration. As mandated by this Act, the small border guard in what was then the Bureau of Immigration was reorganized into the Border Patrol. The initial force of 450 officers was given the responsibility of combating illegal entries and the growing business of alien smuggling.
The erroneous term "law enforcement" is bandied around quite liberally these days, and with the help of the media it has become largely accepted by a great many people as applied to various Federal agencies. But while Congress can legislate and fund such federal agencies and give them any name they like, a Federal agent is still a
Federal agent working for a Federal agency. Not a police agency.
I do not recall what the case subject was, but it was a part of a U.S. Supreme Court case I read recently among the observations (not the actual ruling, merely an aside so to speak) was to reiterate that the Federal government has no
police function whatsoever. There is absolutely no basis in the U.S. Constitution for any Federal
police agency.
Another even older federal law enforcement group is the US Marshals, which my uncle is one. Read article I section 8 of the constitution.
The U.S. Marshals Service have limited and specified tasks, but again they are not a police agency.
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States
And there are
Federal Agencies like the BATF and U.S. Customs that are in the
tax collection business. Again, not
police agencies, and the U.S. Marshals Service is neither a police agency nor is there anything that can be construed in your quoted clause of the USC to allow any as a function of the Federal government.
Federal agencies are also limited by
jurisdiction, which is another subject of course. But except as applied in places where the Federal government enjoys exclusive jurisdiction (like military bases under miltary jurisdiction for example) the notion that Federal agencies are police agencies is erroneous.
The Border Patrol note, is called the Border
Patrol - not the Border
Police. Substituting or supplementing one Federal agency or body with another in protecting our borders has nothing to do with Posse Comitatus.
We've had National Guard troopers at airports after the attacks on the WTC and Pentagon, we had thousands of troops deployed as "security" in Atlanta in 1996 for the Olympics. The idea that they can not be deployed to protect our borders is nonsense. The Bush adminstration is selling us all out wholesale, and they know it.