Texas National Guard Granted Authority to Make Immigration Arrests

A memorandum of understanding between Customs and Border Protection (CBP) and the State of Texas, reviewed by Breitbart Texas will immediately grant Texas National Guard soldiers the authority to make immigration arrests within the Lone Star state. Pete R Flores, CBP Acting Commissioner, authored the memorandum of understanding (MOU).

The memorandum, which has not yet been disseminated to all Texas border sectors, will allow the soldiers to perform roving patrols and exercise all the duties of an immigration agent so long as a U.S. immigration officer or Border Patrol agent accompanies them. According to the MOU, the ratio of soldiers to immigration officers is preliminarily listed as one officer to four soldiers.

Title 8 United States Code arrest authority was granted to multiple federal law enforcement agencies just days after President Trump’s inauguration. On January 23, the Department of Homeland Security authorized federal law enforcement agents to investigate, determine the location of, and apprehend migrants in an illegal status.  The details of that memorandum, obtained and released in a recent news report by CBS News, are similar to the memorandum of understanding reviewed by Breitbart Texas.

The duties of the Texas National Guard soldiers are law enforcement-related, generally reserved for agents assigned to specific agencies under the Department of Homeland Security.

The latest granting of immigration arrest authority adds at least 3,000 Texas Army National Guard soldiers to the number of ATF, FBI, and United States Deputy Marshals who are now assisting the Department of Homeland Security in enforcing federal immigration law.

Randy Clark is a 32-year veteran of the United States Border Patrol.  Prior to his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.