Texas National Guard gains power to detain migrants

 February 3, 2025

A recent memorandum of understanding (MOU) grants Texas National Guard soldiers the authority to make immigration arrests, significantly expanding their role in enforcement duties.

This MOU allows Texas soldiers to conduct immigration enforcement under the supervision of U.S. immigration officers or Border Patrol agents within state boundaries, as Breitbart reports.

Authored by Pete R. Flores, Acting Commissioner of Customs and Border Protection (CBP), the memorandum sets a precedent in law enforcement collaboration at the state level.

For the first time, Texas National Guard members are empowered to perform the functions of immigration agents. This includes the ability to conduct roving patrols along state borders, a role traditionally held by federal immigration forces.

Texas National Guard to Collaborate with Feds

The framework of this new directive allows these soldiers to operate under the condition that a U.S. immigration officer or Border Patrol agent is present during any enforcement activity.

This ensures that all actions are overseen by trained federal agents, maintaining a standard of procedure across different teams. The MOU stipulates an operative ratio of one immigration officer to every four National Guard soldiers.

While the MOU is groundbreaking, it has yet to be disseminated to all Texas-based border sectors. This indicates that, while approved, its implementation is still in transition as authorities work to inform and equip relevant personnel.

The initiative is part of an expanded effort to enforce immigration laws within the United States, following federal directives issued after President Trump's inauguration. It reflects an ongoing trend toward state and federal agency collaboration in addressing border security.

Federal Law and Immigration Authority, Explained

Early actions by the Department of Homeland Security, taken on Jan. 23, empowered federal law enforcement with enhanced capabilities to locate, investigate, and apprehend migrants residing illegally in the country. These measures now see the inclusion of state military forces in their execution framework.

The roles outlined for the Texas National Guard parallel those typically designated for law enforcement agents from the Department of Homeland Security. This strategic move augments resources available for immigration enforcement, notably increasing manpower and field coverage.

According to reports from CBS News, a similar MOU was recently highlighted, emphasizing the significance and rising volume of such agreements facilitating state-federal cooperation in immigration matters.

Expanding Roles and Responsibilities

By incorporating the Texas National Guard into these efforts, over 3,000 soldiers are added to a robust roster of agencies actively participating in federal law enforcement. This includes collaboration with entities such as the ATF, FBI, and U.S. Deputy Marshals.

The decision to extend these powers to state forces underscores the gravity and complexity of managing border security and immigration. The MOU seeks to address these challenges by leveraging available state resources more efficiently.

This change comes amid increasing pressure to secure U.S. borders and deliver on promises of stricter immigration enforcement, a hallmark goal since the early days of the Trump administration.

Increased Collaboration Across Agencies Expected

While this MOU signals increased cooperation amongst different layers of law enforcement, it also prompts discussions about the scope and reach of state agencies in federal issues.

The presence of federal oversight is designed to ensure operations comply with national standards, serving as a balancing mechanism.

The training and protocols involved are critical in preparing Texas soldiers for their new roles. Ensuring familiarity with immigration law and arrest procedures may prove essential for successful implementation of the MOU.

As the memorandum continues to roll out, its impact on immigration control within Texas will become more apparent. Observers anticipate close monitoring and evaluation of its efficacy in achieving intended security objectives.

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