Senator proposes volunteer militia to patrol border
By Luige A. Del Puerto, luige.delpuerto@azcapitoltimes.com
More hands could be on the way to the U.S.-Mexico border under a measure proposed by an outspoken Republican senator this week.
Sen. Jack Harper, R-4, is seeking to create an unpaid state militia under the governor’s control.
This militia, officially to be referred to as the Homeland Security Force, could be called out during an emergency or when the governor deems it necessary “to protect lives or property in this state.”
That militia may also be called upon to help patrol the Arizona border with Mexico, according to Harper.
In fact, Harper filed a bill, S1132, and a concurrent resolution, SCR1006, to try to make sure that the idea lands somewhere.
“After consideration of federal deployment levels of the National Guard, if the governor determines that an emergency exists or that it is necessary to protect lives or property in this state, the governor may request able-bodied citizens of this state who are at least eighteen years of age to volunteer for service…” the bill says.
A bill normally seeks to change a statue while a concurrent resolution may be used by the Legislature to directly submit to voters a proposal to amend the Constitution or a statute.
Harper made it clear why he introduced a bill and a resolution.
“Anytime you are proposing to make a change on the executive branch, well, if for some reason that the Legislature and the governor cannot come to exact terms of how it will be established. Then there’s always the option of going to the ballot,” he said.
“But the first rule of order is to negotiate with the executive branch and make sure that it works for them and to try and get the bill signed,” he said.
Harper said he does not want to call the force a militia — the term is “touchy” in Arizona — although essentially that is what it would be.
The senator recalled that Congress passed a measure to allow the president to take over states’ National Guards — a move vigorously opposed by governors.
“So if the federal government federalizes our National Guard in an event of a disaster, our governor needs to have a deployable force for disaster relief,” he said.
Asked categorically if the force’s duties would also include helping secure the U.S. border, Harper said yes, “if that is what the governor wants, that’s what the governor can use it for.”
“It’s very similar to what the governor can use the National Guard for, and so this is just to augment the National Guard.”
Sen. John Huppenthal, the Senate majority caucus whip, said it would be a good idea to have such a force to respond to emergencies.
“When you have situations that arise like Katrina, we don’t know what kind of thing might arise here in Arizona,” said the senator from District 20.
But Huppenthal did not want to go into the possibility of volunteers helping secure the U.S.-Mexico border, only maintaining that what he has in mind is a force under local control and deployable during an emergency.
Arizona is considered to be the one of the major entryways of illegal immigrants to the U.S. There have been incidents of border authorities spotting men carrying arms near the border. At one point, reports said National Guard troopers abandoned their post southwest of Tucson when four armed men were seen approaching from Mexico.
Illegal immigration was an emotional issue during the November 2006 elections. The issue, however, appeared to have taken the backseat this year. It was conspicuously absent from Gov. Janet Napolitano’s inaugural speech early this month. It was also among the last items discussed in her State of the State address a few days later.
It remains a top priority among Republicans in Arizona. On Jan. 17, the party that controls both chambers of the legislature bared its agenda on illegal immigration.
It included introducing measures that would sanction employers who knowingly hire illegal workers, require the use of the Social Security number verification system when hiring employees, and increase border security.
Asked what he would say to potential critics who might brand the establishing of a state militia as just another avenue for Rambo wannabees, Harper said the force would be a “structured” and “disciplined” organization.
His proposal also contained a provision on sex that is sure to invite controversy.
“Members of the homeland security force shall not discuss their sexual orientation with the media as a topic of an interview. The adjutant general shall expel a member for violation of this subsection unless the governor determines that the violation was unintentional,” the bill says.
Asked to explain this provision, Harper said: “The military bans some conduct by members through the uniform code of military justice and in the bill, I am not subjecting the volunteers to the uniform code of military justice, and so, there probably needs to be some constraints written into the law.”
Under the bill, the homeland security force, which would not be subjected to military justice, would not receive compensation for its work.
“But members are eligible for reimbursement of expenses from the department of emergency and military affairs,” the bill says.
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