White House chief of staff John Kelly signs off on use of force, law enforcement role for border troops

White House chief of staff John Kelly authorized troops stationed at the southern border to engage in some law enforcement activities and potentially to use deadly force — if necessary, according to a report Wednesday.

The order, which may violate the 1878 Posse Comitatus Act, was issued late Tuesday and not signed by President Trump, only Kelly, the Military Times reported.

According to the order, military personnel at the border are allowed to “perform those military protective activities that the Secretary of Defense determines are reasonably necessary.”

“Protective activities” include “a show or use of force (including lethal force, where necessary), crowd control, temporary detention. and cursory search.”

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US troops sent to border by Trump in anticipation of migrant caravans
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US troops sent to border by Trump in anticipation of migrant caravans
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
In this photo provided by the U.S. Air Force, soldiers from the the 89th Military Police Brigade, and 41st Engineering Company, 19th Engineering Battalion, Fort Riley, Kan., arrive at Valley International Airport, Thursday, Nov. 1, 2018, in Harlingen, Texas, to conduct the first missions along the southern border in support of Operation Faithful Patriot. The soldiers will provide a range of support including planning assistance, engineering support, equipment and resources to assist the Department of Homeland Security along the Southwest border. (Alexandra Minor/U.S. Air Force via AP)
Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military tour the McAllen-Hidalgo International Bridge with U.S. Customs and Border Patrol agents, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Onlookers watch as members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Pedestrians pass members of the U.S. military working to place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Razor wire recently placed by the U.S.military along the banks of the Rio Grande frames the McAllen-Hidalgo International Bridge at the U.S.-Mexico border, Saturday, Nov. 3, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S. military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Pedestrians pass members of the U.S.military working to place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
A member of the U.S.military cuts fencing at the U.S.-Mexico border on the McAllen-Hidalgo International Bridge as they work to place razor wire in the area, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border near the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
Members of the U.S.military place razor wire along the U.S.-Mexico border on the McAllen-Hidalgo International Bridge, Friday, Nov. 2, 2018, in McAllen, Texas. (AP Photo/Eric Gay)
In this photo provided by the U.S. Air Force, soldiers from the the 89th Military Police Brigade, and 41st Engineering Company, 19th Engineering Battalion, Fort Riley, Kan., arrive at Valley International Airport, Thursday, Nov. 1, 2018, in Harlingen, Texas, to conduct the first missions along the southern border in support of Operation Faithful Patriot. The soldiers will provide a range of support including planning assistance, engineering support, equipment and resources to assist the Department of Homeland Security along the Southwest border. (Alexandra Minor/U.S. Air Force via AP)
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Trump deployed 5,900 active duty soldiers to the border, along with 2,100 National Guard troops, just before the midterm elections as he railed against a migrant caravan of Central American migrant who are making their way to the U.S. with the hopes of applying for asylum.

The Pentagon said Tuesday that stationing the troops along the border will cost taxpayers $72 million through Dec. 15.

In the “Cabinet memo,” Kelly justified the shift by writing that “credible evidence and intelligence” had suggested the migrants “may prompt incidents of violence and disorder.”

The order is likely to be challenged in court, as many critics have warned such a move would violate the 1878 Posse Comitatus Act barring the armed services from performing “tasks assigned to an organ of civil government.”

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