Barbara Boxer: “the Bush administration has announced a plan that includes the use of National Guard forces to temporarily support…”

“the Bush administration has announced a plan that includes the use of National Guard forces to temporarily support Federal border patrol operations. While I support additional efforts to secure our borders, it is disappointing that nearly 5 years after the attacks of September 11, 2001, there are still insufficient U.S. Border Patrol personnel to adequately maintain the southern land border. I appreciate the efforts by the Senator from Nevada to clarify the role of the National Guard in implementing the President's plan to secure the border. It is my understanding that the National Guard is being utilized under title 32 of the United States Code, which means that command and control rains with the Governor and the State or territorial government even though the Guard forces are being employed in the service of the United States for a Federal purpose. I also understand that under title 32, the Federal Government will reimburse States for costs, including the logistical costs, incurred during the mission. Finally, I understand that the National Guard will not directly participate in any law enforcement function, including search, seizure, arrest or similar activity. Does the Senator from Massachusetts share my understanding that the Ensign amendment is consistent with the President's plan?”