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Foote said the charges are bogus. He said he and his team "never touched" the couple, "except to pat them down and search them for weapons" after discovering them lying down in brush early Wednesday morning around 1 a.m. He says he has pictures to prove it, although they weren't available at publication time.

Actually, this statement is somewhat problematic - the act of patting someone down for weapons implies a citizens arrest, which under Texas law (from what I've read) can only be done upon witnessing a felony. The border groups really need to stick to observation and reporting to the BP instead of making direct contact with illegals, because it puts them in the position of giving politically-motivated LEOs an action against them.

The border groups really need to stick to observation and reporting to the BP instead of making direct contact with illegals

Yup, patting these folks down and restricting their movement was probably sufficient for assault.

INAL but I don't think non LEA's can detain somebody for simply trespassing.

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime.

We should be happy someone is doing the government's job for them. Besides being in our country illegally, the aliens were trespassing on private property which used to be good enough reason for shooting them dead.

dirtboy says: "...a citizens arrest, which under Texas law (from what I've read) can only be done upon witnessing a felony."

Not exactly. It is true that in some jurisdictions that a citizen's arrest can only be effected for an offense actually observed by the arresting party. But virtually all states of the nation allow for a citizen's arrest for both misdemeanor and felony offenses. I don't have a cite to the actual Texas statute on citizen's arrest, but here is what the website for a Houston law firm says about the legitimacy of citizen's arrest.

Can someone other than a Police Officer arrest me?
Any person, such as a private security guard, can make a citizen's arrest if they see a misdemeanor being attempted or committed (A misdemeanor is a criminal offense usually punishable with a fine or short jail term). They also can make a legal arrest for a felony if it actually was committed and they have good reason to believe that you did it. They must take you to a police officer or judge who is required by law to take you into custody.

Maybe some other legal beagle can locate the precise Texas State statute, but I think you'll find that citizen's arrest, for both felony and misdemeanor offenses, is perfectly legal and proper under Texas law.

Moreover, when a citizen's arrest is made, you are allowed to use what ever force is reasonably necessary to effect that arrest. Whether physical force was used in the present case and whether it was "reasonably necessary" force, remains to be seen.

--Boot Hill