Washington Post: Armed militias are breaking the law — and the Border Patrol might be, too

I have a new piece out today in the Washington Post highlighting recent vigilante activity at the U.S.-Mexico border and outlining how the Department of Homeland Security may be violating the federal Antideficiency Act by accepting volunteer services from vigilante groups.

From the piece:

This spring, camouflaged men armed with AR-15s patrolled America’s border with Mexico, searching for undocumented immigrants crossing into the United States. Identifying themselves as “Border Patrol” and “policía,” members of this squadron rounded up and detained hundreds of migrants in New Mexico, including young children. Videos of these roundups circulating online show men clad in military fatigues, with official-looking badges, detaining terrified groups of migrants while brandishing firearms.

The people carrying out those detentions were not U.S. Border Patrol or law-enforcement agents: They were private citizens affiliated with the United Constitutional Patriots (now Guardian Patriots), one of several paramilitary vigilante organizations that have taken it upon themselves to supplement the federal government’s work at the border. That’s unlawful — and, what’s more, the federal government’s acceptance of this “help” may itself violate federal law.

[…]

The Department of Homeland Security must comply with federal law, including the Antideficiency Act, in all situations — not just when compliance suits the administration’s policy preferences. And Congress should be concerned about this end-run around its appropriations power as well. Border funding is a perennially contentious issue, and appropriations packages — including the $4.6 billion spending bill passed last week — typically include at least some limitations on an administration’s actions at the border. By accepting aid from vigilante groups, the Department of Homeland Security not only is potentially violating federal law, but also is skirting these limitations and evading congressional oversight. Exploring these matters further is well within the jurisdiction of Congress, as well as the Department of Homeland Security’s Office of Inspector General.

Check out the full op-ed at the Washington Post.