AUSTIN, Texas — Under a new agreement with the Trump administration, Texas National Guard troops are now authorized to arrest and detain individuals who enter the United States illegally from Mexico. This marks a significant expansion of the military’s role in immigration enforcement, moving beyond their previous capacity as supporters of the Border Patrol. In 2021, Texas Governor Greg Abbott permitted National Guard members to arrest migrants for trespassing; however, that directive was restricted to situations on private property owned by border landowners.
The recent agreement, finalized with U.S. Customs and Border Protection (CBP), grants the National Guard comprehensive authority to investigate, arrest, and detain migrants with the aim of facilitating deportation. According to the terms of the arrangement, Guard members are required to operate “only under the supervision of a CBP official” and must maintain communication with a CBP representative through phone, radio, or other similar means of technology. Abbott expressed through social media that this agreement enhances resources for border security.
Historically, the military’s duties along the U.S.-Mexico border have primarily been limited to activities such as surveillance and infrastructure development, in compliance with the Posse Comitatus Act of 1878, which restricts military involvement in civilian law enforcement. Nonetheless, close advisors to former President Trump insist that there are valid legal bases to enlist military support in addressing issues related to drug trafficking and large-scale migration.
Trump’s administration diverged from his predecessors by implementing military-led deportation flights and proposed using facilities at Guantánamo Bay, Cuba, to detain thousands of what he termed as the “worst criminal aliens.” In the initial days of Trump’s presidency, approximately 1,600 active-duty soldiers were dispatched to the border, with further troop deployments planned. Additionally, hundreds of military personnel are reported to have recently arrived at Guantánamo Bay.
Responding to the expanded authority for the Guard, Texas state Representative Gene Wu criticized the agreement, asserting that it complicates the responsibilities of law enforcement and heightens risks for those involved. Wu remarked that Abbott’s policies exacerbate hostility towards an already fearful and vulnerable demographic.
Matthew Hudak, a former deputy chief of the Border Patrol, acknowledged the existing cooperation between state and federal agencies. He emphasized that the agreement does not grant the National Guard unlimited powers to detain individuals, instead indicating a collaborative effort between federal and state bodies to address immigration challenges.
Since 2021, the Texas National Guard has played a significant role in Abbott’s Operation Lone Star, which involved transporting thousands of migrants to cities governed by Democrats and placing a large buoy barrier in the Rio Grande. Throughout the ongoing immigration debate, Abbott has often found himself at odds with the Biden administration, which traditionally holds the responsibility for immigration control at the federal level.
Defending the actions taken by Texas regarding border operations, Abbott has characterized these measures as a necessary “stopgap” while federal enforcement has been perceived as lacking under President Biden’s administration.
