Evolution Of 10 Usc 284: From Idea To Law

10 U.S.C. § 284, also known as Support for counterdrug activities and activities to counter transnational organized crime, was added to the United States Code on December 23, 2016. This law grants the President the authority to deploy the military to the southern border to build fences and other barriers, including walls, without needing to declare a state of emergency or pass additional legislation through Congress. The law has been cited as a means for President Trump to build a wall along the southern border without requiring additional approval or emergency declarations.

The law authorises the US President to deploy the military to the southern border

10 U.S.C. § 284 is a US law that authorises the US President to deploy the military to the southern border. The law, which falls under the Support for counterdrug activities and activities to counter transnational organised crime, was added and renumbered on December 23, 2016. It states that:

> "The Secretary of Defense may provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section."

The law does not limit the forms of support that the Defence Department may provide. This means that the assistance can include the deployment of military personnel, manned and unmanned aircraft, ground-based surveillance, and intelligence analysis support.

Congressman Mo Brooks (R-AL) confirmed that 10 U.S.C. § 284 authorises President Trump to deploy the United States military to the southern border to build fences and other barriers. However, as of January 31, 2019, Brooks stated that Trump had not used this law to direct the military to build a wall.

It allows the construction of barriers, including walls

10 U.S.C § 284, or the 'Support for counterdrug activities and activities to counter transnational organized crime', was made permanent law on December 23, 2016. It was amended on December 20, 2019, and again on January 1, 2021.

Section 1059 of the law states that the Secretary of Defense may:

> .. provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section.

Congressman Mo Brooks (R-AL) asked the Under Secretary for Policy, John Rood, whether 10 U.S.C § 284 could be used by President Trump to deploy the United States military to the southern border to build fences, walls, and other barriers. Rood confirmed that this use of authority would indeed authorise the secretary of defence to erect barriers, roads, fencing, and other materials to disrupt drug smuggling.

However, Rood also confirmed that no forces had been deployed under this section at that time, and that President Trump had not used 10 U.S.C § 284 to direct the military to build a wall.

It was passed in 2016 and amended in 2019, 2021 and 2023

10 U.S.C. § 284, a law that provides support for counterdrug activities and activities to counter transnational organized crime, was first passed on December 23, 2016. Since then, it has been amended three times: on December 20, 2019, on January 1, 2021, and most recently on December 22, 2023.

The law enables the President to deploy the military to the southern border to build fences and other barriers, including walls. This authority was cited by President Trump as a means to build a wall on the southern border without declaring a state of emergency or requiring congressional approval. The law also addresses cooperation with Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl.

The amendments made to the law over the years reflect the evolving nature of counterdrug and counter-transnational organized crime efforts. The specific changes made in each amendment are not publicly available in their entirety, but the law remains a critical tool in the United States' fight against drug trafficking and transnational organized crime.

As of December 22, 2023, the latest amendment to 10 U.S.C. § 284, the law continues to play a crucial role in national security and border protection. The cooperation with Mexico to target transnational criminal organizations trafficking fentanyl underscores the importance of international collaboration in addressing these issues.

While the law has been the subject of some controversy, with some suggesting that political interests may interfere with its effective implementation, it stands as a testament to the United States' commitment to combating drug trafficking and transnational organized crime.

It supports counterdrug activities and countering transnational organised crime

10 U.S.C. § 284, which came into effect on December 23, 2016, outlines the support that the Secretary of Defense can provide to counterdrug activities and the efforts to counter transnational organised crime.

The Secretary of Defense may provide support to any department or agency of the Federal Government, or to any State, local, tribal, or foreign law enforcement agency, as long as the support is requested by the official responsible for the aforementioned activities.

The types of support that the Secretary may provide include:

• The maintenance and repair of equipment to ensure compatibility with equipment used by the Department of Defense.
• The transportation of personnel, supplies, and equipment to facilitate counterdrug activities and efforts to counter transnational organised crime within or outside the United States.
• The establishment and operation of bases of operations or training facilities for the Department of Defense or any Federal, State, local, or tribal law enforcement agency within or outside the United States.
• Counterdrug or counter-transnational organised crime-related training for law enforcement personnel of the Federal Government, as well as State, local, and tribal governments, including associated support expenses and necessary materials.
• The detection, monitoring, and communication of the movement of air, sea, and surface traffic within and outside the geographic boundaries of the United States.
• Construction of roads, fences, and installation of lighting to block drug smuggling corridors across international boundaries.
• Establishment of command, control, communications, and computer networks for improved integration of law enforcement, active military, and National Guard activities.
• The provision of linguist, intelligence analysis, and planning services.
• Aerial and ground reconnaissance.

The Secretary of Defense is also authorised to:

• Acquire services or equipment by contract if the Department of Defense would normally do so for similar activities.
• Provide support even if it adversely affects the military preparedness of the United States in the short term, as long as the importance of providing such support outweighs the adverse effect.
• Plan and execute military training or operations to aid civilian law enforcement agencies.
• Submit a written and electronic notice to the appropriate committees of Congress at least 15 days before providing support for an activity.

It enhances cooperation with Mexican defence officials to target criminal organisations

10 U.S.C. § 284, which provides support for counterdrug activities and activities to counter transnational organised crime, became law on December 23, 2016, after being added by Pub. L. 114–328. The law has since been amended several times, with the latest amendment occurring on December 22, 2023.

One aspect of 10 U.S.C. § 284 that enhances cooperation with Mexican defence officials to target criminal organisations is the provision that the Secretary of Defense shall seek to enhance such cooperation to target, disrupt, and degrade transnational criminal organisations within Mexico that traffic fentanyl. This provision was added to the law on December 22, 2023, by Pub. L. 118–31.

The inclusion of this provision demonstrates the recognition of the importance of international cooperation in combating transnational organised crime, particularly in the context of US-Mexico relations. By enhancing cooperation with Mexican defence officials, the US can more effectively target criminal organisations that operate across the border and contribute to the illegal drug trade.

This provision also highlights the role of the Secretary of Defense in facilitating cooperation between the two countries. It empowers the Secretary to coordinate with Mexican defence officials, share information, and develop strategies to target criminal organisations that traffic fentanyl. This collaborative approach recognises the shared responsibility and mutual benefits of addressing transnational organised crime.

Furthermore, the provision underscores the importance of disrupting the trafficking of fentanyl, which is a powerful synthetic opioid that has contributed to the ongoing opioid crisis in North America. By targeting criminal organisations involved in the production, distribution, and sale of fentanyl, the US and Mexico can work together to reduce the harmful impacts of this drug on public health and safety in both countries.

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