The Texas NG is primarily assisting the Texas DPS with cartel criminal activity, suspected terrorist activity, and other state-related crimes, which is the majority of the action in rural and scarcely populated areas. A larger presence would allow them to cover more of the area where the cartels and terrorists slip through.
The Texas NG can and does call Border Patrol if and when they encounter illegals. They are armed and have the power to detain illegals for BP but no power to arrest, yet. Perry can give them that power. But enforcing federal immigration law is not their mission.
Generally speaking, the illegal aliens are crossing in populated areas. Many turn themselves over to BP because they know that they’re going to be able to stay for a long time (years) before being deported. They get free healthcare, food, etc.
Yes, the NG can act when they are responding directly to state-related criminal activity. Yes, they can be held responsible if they violate civil rights or act with criminal negligence. No, they can’t enforce federal immigration law. No, they can’t be sued/imprisoned for enforcing state law.
With respect to the militia, it’s a fine line. Without a call to action from Rick Perry, they are simply citizens and can only defend themselves or the lives and private property of those who give them permission to do so. With a call from Rick Perry, they are part of the military forces of Texas and are bound by the same laws as the Texas NG.
Woo, thank you for the nuts and bolts! :)
Pre-emptive permission for Guard and militia to arrest, battle, and shoot during these times of increasing threat or risk from terrorists crossing the border would be of comfort to Texans and all Americans. Thanks, Buckeye.
I know. These bad guys are already here, trust that.