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Yes, this is because National Guard (NG) soldiers, and not active military personnel are used to patrol the border. Internal use of federal soldiers is allowed only in major emergencies, or rebellions due to posse comitatus (which limits internal use of federal soldiers to carry out law enforcement activities). However, NG units are under the control of a state's governor (but can be "federalized" in emergencies). Since the NG is acting on state and not federal authority, the use of such soldiers is constitutional.

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