Texas National Guard To Assist Texas Department Of Public Safety In Making Arrests Related To Border Crisis
Governor Abbott Orders Texas National Guard To Assist Texas Department Of Public Safety In Making Arrests Related To Border Crisis
July 27, 2021 | Austin, Texas | Press Release
Governor Greg Abbott today sent a letter to Major General Tracy R. Norris, Adjutant General of the Texas National Guard, ordering guardsmen to assist the Texas Department of Public Safety (DPS) with arresting individuals for state charges related to the border crisis.
During the Governor’s Border Security Summit in Del Rio in mid-June, the Governor announced that individuals who commit criminal trespass or other state offenses will be subject to arrest and confinement. This order builds upon the Governor’s disaster declaration that directs DPS to enforce all federal and state criminal laws including for criminal trespassing, smuggling, and human trafficking.
“To respond to this disaster and secure the rule of law at our Southern border, more manpower is needed—in addition to the troopers from DPS and soldiers from the Texas National Guard I have already deployed there—and DPS needs help in arresting those who are violating state law,” reads the letter. “By virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, I hereby order that the Texas National Guard assist DPS in enforcing Texas law by arresting lawbreakers at the border.”
Dear General Norris:
Beginning on May 31, 2021, I have issued multiple proclamations certifying under Section 418.014 of the Texas Government Code that the surge of individuals unlawfully crossing the Texas-Mexico border poses an ongoing and imminent threat of disaster for certain counties and agencies in the State of Texas. To respond to this disaster and secure the rule of law at our Southern border, more manpower is needed—in addition to the troopers from the Texas Department of Public Safety (DPS) and soldiers from the Texas National Guard I have already deployed there—and DPS needs help in arresting those who are violating state law.
As “Commander-in-Chief of the military forces of the State” under Article IV, Section 7 of the Texas Constitution, the governor can “call forth the militia to execute the laws of the State.” Section 431.111 of the Texas Government Code likewise recognizes that the governor can call on state military forces “to enforce state law” and “to assist civil authorities in guarding [or] conveying prisoners.” And Section 437.002 of the Texas Government Code recognizes that “[t]he governor has full control and authority over all matters relating to the Texas military forces.”
By virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, I hereby order that the Texas National Guard assist DPS in enforcing Texas law by arresting lawbreakers at the border.
Sincerely,
Greg Abbott Governor
Border Operation
Our Mission: Provide the Governor and the President with ready forces in support of state and federal authorities at home and abroad.
Since 1916, the Texas Military Department has provided support to partner law enforcement agencies along the Texas-Mexico border in numerous different ways for different periods of time.
The National Guard began assisting U.S. Customs and Border Protection (CBP) in support of Operation Phalanx in 2010 with ground troops. In 2012, the mission switched to an aviation focused support. The National Guard supports the Rio Grande Valley and Laredo Border Patrol Sectors, encompassing a 135,439 square-mile area.
The National Guard’s mission is to conduct aerial detection and monitoring to disrupt Transnational Criminal Organizations (TCOs) and Drug Trafficking Organizations (DTOs) in support of the U.S. Department of Homeland Security (DHS). National Guardsmen supporting Operation Phalanx provide air-centric operations as augmentation to CBP as they increase capability with personnel and technology. The National Guard has a long history of enduring relationships with local, state and federal agencies in conducting DHS missions. Since 1917, horse cavalry units were sent to protect the southern borders of the U.S., and the National Guard has defended the U.S. southern border and continues to do so today.