It is if they're there to enforce domestic laws. I think previously the National Guard was there as a support, not actually doing the enforcing.
Enforcing civil law would be a violation of Posse Comitatus, sure.
If they are securing the border, I can see the legal loophole that could be used.
I don't even see how it's a loophole. If an invading force showed up, do we just let them wade ashore or cross the border so that they can be arrested? I don't see how turning someone back at a non crossing part of a border is police action ... unless it's policing up bodies like cigarette butts.
So I went and read the history of the act. Using federal troops to enforce civil law against US citizens seems fairly clear cut as a violation of the Posse Comitatus Act but even then there were specific exemptions?
However using federal troops on our sovereign borders repelling non US citizens didnt seem to conflict at all.
What worries me more is using regular combat troops as policemen. They are not trained to do that very well and escalation can occur quickly. Id much rather see the National Guard rolled out.
Yeah, there's the kicker. "Invading force".
Of course, I'd love to see the liberal heads explode over calling it that, so please, by all means Mister President, be their huckleberry.
Nothing says an invasion has to be en masse. It can be piecemeal - like the old thing about eating an elephant a bite at a time. Armies have defied the odds and moved what they needed a piece at a time ... artillery fire on Dien Bien Phu is a pretty good example. All you have to do is be willing to sit back and do nothing.
Don't get me wrong, I agree. I'm not sure they are a "hostile" force, but they are flaunting the fact the US borders are an easy target.
Encouraged by those imbeciles out in California.