Senator Stevenson(D-Richmond) of Virginia harshly criticized President Fitzgerald's decision to federalize the National Guard for border security.
"President Fitzgerald's decision to federalize the National Guard for border security is a decision that all of the American people should stand against. The President should use his constitutional authority to federalize the National Guard in conjunction with state officials and in cases of true emergency. In the face of natural disasters, or war, or for any one of those reasons, the President is well within not only his constitutional rights to federalize the National Guard, but would probably have a moral obligation to do so. This mobilization flies in the face of those moral obligations, and is even a circumspect use legally.
The President does not have the absolute and unlimited right to federalize the National Guard whenever he feels that he wants to do so. Lt. Governor Newsom brought up a very good point by referring to the Posse Comitatus Act. That act explains when the President is allowed to call up the National Guard to perform domestic police functions, which is he very limited in his ability to do so. Generally, it is absolutely illegal for the military to perform domestic police functions on American soil. This is a crucial pillar of rule of law- the United States has not used military officers to enforce domestic police functions.
If Attorney General Beccera of California would like to challenge the Executive order of President Fitzgerald, in the name of upholding the rule of law above this naked attempt to score political points, then I would absolutely stand alongside him and the State of California, as I believe that they would have a strong legal case. This decisions' constitutionality is questionable at best, and from a policy perspective, makes no sense. I urge President Fitzgerald to withdraw this law, and work with leaders on the Hill and the Governors of the States to achieve a truely bipartisan immigration solution."