President-elect Donald Trump confirmed Monday he would declare a "national emergency" to deport illegal migrants using "military assets" once he steps back into office early next year.
Trump made the statement on Truth Social, responding "TRUE!!!" to a post from Judicial Watch chief Tom Fitton expressing hope that the president-elect would do so.
"GOOD NEWS: Reports are the incoming @RealDonaldTrump administration prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program," Fitton wrote on the social media platform.
Trump has vowed to enact the largest deportation in history, starting when he takes the oath of office Jan. 20.
Any attempt to use active-duty troops would be subject to legal challenges, as the Posse Comitatus Act of 1878 limits the federal government's use of the military to enforce domestic policy.
The act does not prohibit the National Guard from serving in a law enforcement capacity.
An Immigration and Customs Enforcement (ICE) source confirmed to The Post that the military is barred from performing constabulary duties without Congressional authorization.
"If the incoming administration were to pursue such a strategy, it might involve deploying National Guard units or other military resources under different legal frameworks, potentially framing it as a public safety or humanitarian effort, " this person said. "However, this approach would most certainly provoke considerable backlash from civil rights groups and the public."
The source added that while the military could "play a role in such operations, the ramifications would be complex and contentious, requiring careful consideration of legal, ethical, and social implications."
But former acting ICE Director Ron Vitiello told The Post that the Department of Homeland Security (DHS) has called upon the Pentagon "many times" in the past.
Vitiello said he could see the military being leveraged to provide "transportation or construction as they have done before."