Staffers in the U.S. Department of Homeland Security said they had been told by colleagues in two DHS departments that the proposal was still being considered as recently as Feb. 10. A DHS official described the document as a very early draft that was not seriously considered and never brought to Homeland Security Secretary
The 11-page document calls for the unprecedented militarization of immigration enforcement as far north as Portland, Ore., and as far east as New Orleans, La.
Almost immediately after the Associated Press published its report, the
"There is no effort at all to round up, to utilize the National Guard to round up illegal immigrants," Spicer said. He said he couldn't deny altogether that the subject had never been discussed in the administration, The White House has noted before that many proposals have been drafted on a range of issues, but not all are under serious consideration.
Four states that border Mexico are included in the proposal — California, Arizona, New Mexico and Texas — but it also encompasses seven states contiguous to those four — Oregon, Nevada, Utah, Colorado, Oklahoma, Arkansas and Louisiana.
Governors of the 11 states would decide whether to have their guard troops participate, according to the memo, written by U.S. Homeland Security Secretary John Kelly, a retired four-star Marine general.
While National Guard personnel have been used to assist with immigration-related missions on the U.S.-Mexico border before, they have never been used as broadly or as far north.
The memo is addressed to the then-acting heads of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. It would serve as guidance to implement the wide-ranging executive order on immigration and border security that President Trump signed Jan. 25. Such memos are routinely issued to supplement executive orders.
Also dated Jan. 25, the draft memo says participating troops would be authorized "to perform the functions of an immigration officer in relation to the investigation, apprehension and detention of aliens in the United States." It describes how the troops would be activated under a revived state-federal partnership program, and states that personnel would be authorized to conduct searches and identify and arrest any immigrants who crossed the border illegally.
A request to the Department of Homeland Security for comment and a status report on the proposal was not answered.
The draft document has circulated among DHS staff over the last two weeks. As recently as Friday, staffers in several different offices reported discussions were underway.
If implemented, the impact of the program could be significant. Nearly one-half of the estimated 11.1 million people residing in the U.S. without permission live in the 11 states, according to Pew Research Center estimates based on 2014 Census data.
Use of National Guard troops would greatly increase the number of immigrants targeted in one of Trump's executive orders last month, which expanded the definition of who could be considered a criminal and therefore a potential target for deportation. That order also allows immigration agents to prioritize removing anyone who has "committed acts that constitute a chargeable criminal offense."
Under current rules, even if the proposal is implemented, there would not be immediate mass deportations. Those with existing deportation orders could be sent back to their countries of origin without additional court proceedings. But deportation orders generally would be needed for most other immigrants in the U.S. illegally.
The troops would not be nationalized, remaining under state control.
Representatives for the governors of Arizona, Utah, Nevada, California, Colorado, Oklahoma, Oregon and New Mexico said they were unaware of the proposal, and either declined to comment or said it was premature to discuss whether they would participate. The other three states did not immediately respond to the AP.
The proposal would extend the federal-local partnership program that the Obama administration began scaling back in 2012 to address complaints that it promoted racial profiling.
The 287(g) program, which Trump included in his immigration executive order, gives local police, sheriff's deputies and state troopers the authority to assist in the detection of immigrants who are in the U.S. illegally as a regular part of their law enforcement duties on the streets and in jails.
The draft memo also mentions other items included in Trump's executive order, including the hiring of an additional 5,000 border agents, which needs financing from Congress, and his campaign promise to build a wall between the U.S. and Mexico.
The signed order contained no mention of the possible use of state National Guard troops.
According to the draft memo, the militarization effort would be proactive, specifically empowering Guard troops to solely carry out immigration enforcement, not as an add-on to the way local law enforcement is used in the program.
Allowing Guard troops to operate inside non-border states also would go far beyond past deployments.
In addition to responding to natural or man-made disasters or for military protection of the population or critical infrastructure, state Guard forces have been used to assist with immigration-related tasks on the U.S.-Mexico border, including the construction of fences.
In the mid-2000s, President George W. Bush twice deployed Guard troops on the border to focus on non-law enforcement duties to help augment the Border Patrol as it bolstered its ranks. And in 2010, then-Arizona Gov.
In July 2014, then-Texas Gov. Rick Perry ordered 1,000 National Guard troops to the border when the surge of migrant children fleeing violence in Central America overwhelmed U.S. officials responsible for their care. The Guard troops' stated role on the border at the time was to provide surveillance but not make arrests.
2 p.m.: This article was updated with comments from the Department of Homeland Security.
7:50 a.m.: This article was updated with White House Press Secretary Sean Spicer's denial that such a proposal was under consideration. Spicer's comments were included in a pool report filed from Air Force One.