Only Congress can approve the use of Posse Comitatus

The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs.

Here's the rub.

Border Patrol are not specifically mentioned in the Act, but if a Border Patrol agent is not performing the duties of their charter, they have become an arm of the military acting directly under orders from the President and his cabinet which is again what this Act is describing.

The question is, did the DNC actually covertly impose the act at the border when they ordered the Border Guard to stand down?

Thoughts?