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In a letter to Mattis on Monday, Sens. Richard J. Durbin of Illinois and Jack Reed of Rhode Island, the top Senate Democrats overseeing the Pentagon, wrote that Trump had no authority to use the funds for border wall construction. “Based on a thorough review of appropriations law, ... we conclude that the Department of Defense has no legal authority, with or without a reprogramming request, to use appropriated funds for the construction of a border wall,” Durbin and Reed wrote. The Army Corps, which is funded through the Energy and Water appropriations bill, declined to answer specific questions about whether such a move is in the works. The Pentagon did not immediately return a request for comment. Military personnel, in the form of National Guard units, have twice been deployed in recent years as part of major operations to help secure the Southern border. From June 2006 to July 2008 during Operation Jump Start, guard units helped the Homeland Security Department conduct identification and engineering operations. During Operation Phalanx, from July 2010 to September 2011, Guard personnel assisted DHS with identification, criminal analysis and command and control.
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