Texas National Guard troops allowed to make immigration arrests

The Trump administration and the state of Texas have reached a deal that will allow Texas National Guard troops to make immigration arrests.

Texas National Guard troops deputized to make arrests

What we know:

On social media, Gov. Greg Abbott said that he signed an agreement with Customs and Border Protection and that the arrests can start "effective immediately."

On Monday night, Abbott posted photos of Texas DPS troopers working with Border Patrol agents at Anzalduas Park near the border.

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(Courtesy: Gov. Greg Abbott)

Under the deal, Texas National Guard troops would be able to arrest people in the country illegally as long as there is at least U.S. immigration officer or Border Patrol agent present.

The Texas National Guard must provide the names and titles of officers that are allowed to make the arrests. Any CBP official can withdraw the authority to make arrests.

Gov. Abbott says the deal will "boost manpower for border security."

The Texas National Guard has had a presence along the border since Governor Abbott launched Operation Lone Star in 2021.

At the time, the state was frustrated with a lack of action by the federal government.

The soldiers have installed barriers and mostly aided federal border agents without the ability to make arrests on their own.

What we don't know:

At this point, it is unclear how many members of the Texas National Guard will work with the federal law enforcement.

Dig deeper:

You can take a closer look at the Memoradum of Understanding below.

Is it legal?

What they're saying:

David Coale, an attorney in Dallas who specializes in constitutional law, says the joint memorandum is walking a fine line on what is legally allowed for the National Guard to do.

"There's a federal law called the Posse Comitatus Act, it runs back to after the Civil War, and it just flatly prohibits any use of the federal military to enforce laws in the United States. Now, this memorandum treats the National Guard as under the governor's control, a state force, and that's correct, it's a state military force, if and until the president federalizes it for some reason so he can give them instruction," explained Coale.

He says the agreement clearly outlines the National Guard is under the direction of the state government, but where things get fuzzy is that they are now allowed to enforce federal immigration law.

The issue has been at the forefront of lawsuits between state governments and the federal government.

"I haven't seen this before, because the state and federal governments don't ordinarily work together this well, and there are a number of legal constraints that we've always kind of assumed states have on the their power to let their police enforce federal immigration law," Coale said.

Coale says only time will tell if the changes will work. 

"This is a short term step. The memo is written like a short term step. Let's get some people out there in the field. Let's just get this thing moving. It's a kickoff type of thing," said Coale.

Trump Administration deportations

Big picture view:

On the first day of his second term, President Trump issued ten executive orders aimed at overhauling U.S. immigration law and policy.

Federal officials deported some 7,300 illegal immigrants in the opening week of Trump's administration alone.

A Department of Homeland Security directive on Jan. 23 gave law enforcement officials in the Department of Justice the authority to investigate and apprehend people in the country illegally.

The Source: Information in this article comes from FOX News Digital, Texas Governor Greg Abbott and the Trump Administration.

TexasU.S. Border SecurityImmigrationGreg AbbottDonald J. Trump