This report could be fake news from Politico who claims they have three anonymous sources. But they say that both Chief of Staff John Kelly and DHS Secretary Kirstjen Nielsen opposed President Trump’s new directives on the use of the military on the border, including the use of lethal force, if necessary.
But in the end, it became apparent that the president would sign the order, which according to Politico, both said would be unconstitutional. Senior adviser Stephen Miller, President of the National Immigration and Customs Enforcement (ICE) Council Chris Crane, and President of the Border Patrol Union Brandon Judd all agreed that the order was constitutional.
Nielsen said:
While a range of issues were discussed on a Monday call, the cabinet memo was not one of those topics. In reality, I have been clear: our agents and officers must have the ability to protect themselves, and to be protected by others, if they face critical situations on the border. I have been and will continue coordinating closely with Secretary Mattis to ensure that our people have the support and protection they need to do their jobs.
While deciding whether to sign an order that gives the more than 5,700 deployed military troops at the border the ability to “show or use of force (including lethal force, where necessary), crowd control, temporary detention, and cursory search,” Kelly and Nielsen argued against the order, claiming Trump did not have the constitutional authority to enact such a plan, according to three unnamed sources from Politico.
During a White House meeting this week, the anonymous sources claim, Kelly and Nielsen attempted to convince the president that the order was not constitutional, while senior adviser Stephen Miller, President of the National Immigration and Customs Enforcement (ICE) Council Chris Crane, and President of the Border Patrol Union Brandon Judd argued in support of the order.