National Guard troops can send migrants back to Mexico

Ariz. (KYMA, KECY) - Arizona Attorney General Mark Brnovich said the governor can use National Guard troops and state law enforcement to forcibly send migrants back across the border to Mexico without regard to federal immigration laws.

This came in response to GOP lawmakers and former Trump Administration officials who urged republican Gov. Doug Ducey to use war powers to repel a surge of illegal immigration last month.

Brnovich embraced that theory on Monday noting the U.S. Constitution’s state self-defense and invasion clauses are not limited to an invasion by a hostile state.

Border security is a top issue for republicans and Gov. Doug Ducey has already had National Guard troops at Arizona's border for nearly a year.

Despite this, the formal legal opinion from Brnovich does not hold the force of law.