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Use of Military Personnel to Maintain Order Among Cuban Parolees on Military Bases

Date of Issuance:

The prohibition in the Posse Comitatus Act, 18 U.S.C. § 1385, against using military personnel to execute the law, was not intended to restrict the military’s ability to maintain order among civilians on its own reservations.

Military personnel may take any steps deemed by the base commander to be reasonably necessary to ensure that Cuban parolees housed on a military base do not breach the peace of the base, and may restrict them to areas of the base specifically designated for their use; however, any claim of a parolee of a legal right to depart the base should be evaluated by non-military law enforcement personnel.

Updated July 9, 2014