Description: The military generally provides support to law enforcement and immigration authorities along the southern border. Reported escalations in violence and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. President Bush has reportedly announced an interest in sending National Guard troops to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act, which prohibits use of the armed forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised. This report will be updated as warranted.

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Description: This report outlines the issues involved with the Department of Homeland Security’s (DHS’s) completion of a three-tiered, 14-mile fence, along the border near San Diego, California. The state of California has delayed completion of the fence due primarily to legal and policy conflicts with its federally-approved, state-run Coastal Management Program. Current authorization for the fence only allows the waiver of the Endangered Species Act and the National Environmental Policy Act. During the 108th Congress, a variety of proposals were introduced that would have allowed the department to waive a number of other environmental, conservation, and cultural laws and requirements to varying degrees. Similar proposals are likely to surface again during the 109th Congress.