The National Guard Is Locked, Loaded, and Ready to Go – Illegals Are in for a Rough Ride!

Texas has taken an unprecedented step in immigration enforcement, authorizing hundreds of National Guard soldiers to arrest and deport illegal immigrants—tasks traditionally handled by law enforcement. The move marks a significant shift in the state’s efforts to combat illegal crossings at the southern border.

State officials disclosed that 300 members of the Texas National Guard were officially deputized in a “historic ceremony” on February 18 in the Rio Grande Valley. The next day, another 290 soldiers were sworn in to carry out immigration enforcement duties, effectively expanding their role beyond border security.

Another historic ceremony at Shelby Park in Eagle Pass, TX as 290 more Texas National Guard members are deputized by Border Patrol to enforce immigration laws and secure our Southern Border. pic.twitter.com/sWNjItSaqv

— Texas Military Dept. (@TXMilitary) February 20, 2025

Today, I had the privilege of administering the oath of office and officially deputizing 300 Texas Army National Guardsmen under Title 8 authority to support Border Patrol's mission. This partnership with the Texas Military Department enhances our joint effort to protect America. pic.twitter.com/C2Bw3gqqeo

— Acting Chief Patrol Agent Milton Moreno (@USBPChiefDRT) February 18, 2025

Border Patrol Chief Mike Banks oversaw at least one of these ceremonies, stating, “Today, I had the privilege of administering the oath of office and officially deputizing 300 Texas Army National Guardsmen under Title 8 authority to support Border Patrol’s mission.”

This initiative, backed by the Texas Military Department (TMD), will see the newly deputized soldiers working alongside Customs and Border Protection (CBP) and state law enforcement. They will receive specialized training from CBP before conducting joint security patrols across Texas’ border regions.

“The Texas Military Department will continue focusing on multi-agency operations to leverage joint capabilities and refine tactics, techniques, and procedures to secure the Texas-Mexico border,” TMD stated.

The decision to grant these powers to the National Guard came directly from Department of Homeland Security Secretary Kristi Noem, who announced on February 3 her approval of the deputization process. Noem called it a “force multiplier to arrest the bad guys and keep our nation safe.”

While the move signals a tougher stance on illegal immigration, it also raises legal concerns. The Posse Comitatus Act of 1878 prohibits federal military forces from engaging in domestic law enforcement. However, because the National Guard operates under state authority when not federalized, legal experts argue that these troops do not fall under the restrictions of the Act.

Joseph Nunn of the Brennan Center for Justice has previously explained that National Guard members are “rarely covered” by the Posse Comitatus Act. “That means they are free to participate in law enforcement if doing so is consistent with state law. However, when Guard personnel are called into federal service, or ‘federalized,’ they become part of the federal armed forces, which means they are bound by the Posse Comitatus Act until they are returned to state control,” Nunn wrote in a 2021 analysis.

Because these soldiers remain under Texas state authority, they are not in violation of federal law. Texas will also cover their salaries and operational costs as they carry out their expanded responsibilities under Title 8 immigration authorities.

The deployment of National Guard troops to the southern border has been a key component of Governor Greg Abbott’s Operation Lone Star, a border security initiative launched in 2021. More than 10,000 state and local law enforcement officers, along with National Guard members, have been stationed along the Texas-Mexico border to curb illegal immigration.

Since the operation began, National Guard troops in Texas have apprehended over 32,000 individuals attempting to enter the U.S. illegally. However, prior to their deputization, they were limited in their ability to make arrests and had to turn detainees over to other law enforcement agencies. Now, with their new authority, they will be able to detain and remove individuals on their own, increasing the state’s enforcement capabilities.

With more soldiers set to be deputized in the coming weeks, Texas is doubling down on its commitment to border security. As tensions continue between state and federal authorities over immigration policies, this move could set a precedent for how border states handle illegal crossings in the future.