The Texas state’s southern frontier state has authorized” some hundred” of its National Guard troops to perform immigration enforcement, a task that has long been left up to the authorities.
As of February 18, the state made it known that 300 Texas National Guard members were scheduled to appear in a “historic meeting” in South Texas ‘ Rio Grande Valley.
Another 290 Guard members were sworn in the day after they completed their immigration tasks as federal agencies.
As 290 more Texas National Guard users are deputized by Border Patrol to enforce immigration laws and protect our southern border, this is another ancient ceremony at Shelby Park in Eagle Pass, Texas. photograph. twitter.com/sWNjItSaqv— Texas Military Dept. (@TXMilitary ) February 20, 2025
At least one of the deputization festivities was led by Border Patrol Chief Mike Banks.
I had the honor of taking the oath of office now, formally deputizing 300 Texas Army National Guardsmen in support of Border Patrol’s vision under Title 8 power. Our joint efforts to protect America are strengthened by this association with the Texas Military Department. photograph. twitter.com/C2Bw3gqqeo— Acting Chief Patrol Agent Milton Moreno ( @USBPChiefDRT ) February 18, 2025
Additionally, the state made the promise of more hearings in the upcoming days and nights.
According to TMD, the just deputized soldiers are currently assisting with CBP’s security patrols and education with Texas law enforcement and national CBP units in broad areas.
” The Texas Military Department will remain focusing on multi-agency operations to utilize mutual capabilities and develop strategies, techniques, and methods to secure the Texas-Mexico border”, the ministry said in a statement.
Kristi Noem, the secretary of the Department of Homeland Security, announced on February 3 that she had approved deputizing Texas soldiers as a way” to help secure the border” by creating” a force multiplier to arrest the bad guys and keep our nation safe.”
However, the decision to deputize military personnel raises the question of whether or not they are wading into murky legal territory.
Military troops were given the authority to defend themselves under the Posse Comitatus Act of 1878. It was intended to prevent federal troops from deploying law enforcement in their states.
According to the Congressional Research Service, troops either “perform tasks assigned to an organ of civil government” or “perform tasks assigned to them solely for purposes of civilian government” would be violating the law.
Only federal military personnel fall under the Posse Comitatus Act, such as the Army, Air Force, Marines Corps, and Navy. The Coast Guard is exempt because it is housed under DHS, not the Defense Department, and is a member of the federal armed forces.
The Washington-based Brennan Center for Justice’s Joseph Nunn has previously noted that members of the National Guard are “rarely covered” by Posse Comitatus “because they usually report to their state or territory’s governor”.
That implies that they are free to engage in law enforcement if doing so is permitted by state law. However, when Guard personnel are called into federal service, or ‘ federalized,’ they become part of the federal armed forces, which means they are bound by the Posse Comitatus Act until they are returned to state control”, Nunn wrote in a 2021 explanation of the law.
In the case of deputization, the governor continues to direct them and has them carry out law enforcement responsibilities within the state. Similar to federal agencies that are funding their own deputized employees, Texas will pay for the deputized Guardsmen as they carry out Title 8 immigration authorities.
Since early 2021, when governor.gov., the Texas National Guard has deployed soldiers to the southern border by the thousands. Greg Abbott (R-TX ) launched a border security mission, Operation Lone Star.
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Under the operation, more than 10, 000 state and local police, as well as guard members, were dispatched to the border to assist federal law enforcement as record-high numbers of illegal immigrants crossed and were arrested by federal agents.
Just in the first year, National Guard members deployed in Texas had apprehended , more than 32, 000 people. Since they weren’t deputized to make arrests, illegal immigrants were later turned over to other law enforcement organizations.
