White House press secretary Kayleigh McEnany cited 40 U.S. Code 1315 as evidence Tuesday that the Department of Homeland Security is operating within its lawful jurisdiction in Portland, Oregon.
McEnany told ABC’s Jon Karl at Tuesday’s briefing that 1315 “gives DHS the ability to deputize officers in any department or agency, like ICE, Customs and Border Patrol and Secret Service as quote ‘officers and agents.'”
Karl had asked, “Where in the Constitution does the president derive the authority to send federal law enforcement officers to the streets of American cities against the will of the elected officials in those cities?”
“They can be deputized for the duty, in connection to the protection of property owned or occupied by the federal government and persons on that property,” she continued. “When a federal courthouse is being lit on fire and commercial fireworks being shot at it, being shot at the officers I think that falls pretty well within the limits of 40 U.S. Code 1315.”