Texas Governor Adds More State Troopers on the BorderTexas Governor Greg Abbott, in addition to posting Texas National Guard to the border with Mexico and bringing in National Guard from other states, is now increasing the presence of state police forces. He has done this in the name of a "disaster declaration" for the border area, which gives him authority to command and send in state policing agencies. Abbott has sent about 1,000 Texas Department of Public Safety (DPS) officers, about a quarter of the state police force, to counties on or near the border. He has instructed them to arrest migrants coming into the country -- many seeking asylum -- on trespassing charges, a misdemeanour that does not usually involve jail time and is commonly dealt with by local forces. While only "unaccompanied males" are supposed to be targeted, men that are part of families have also been singled out and shipped to jails miles away. Whether "accompanied" or "unaccompanied," these actions are contrary to federal law, which requires that federal forces deal with all immigration matters. At the end of July, Abbott also issued orders for the Texas National Guard to assist the state troopers in making these arrests. Commonly the Guard does not engage in local law enforcement. Those at the border are armed with assault rifles. Federalized National Guard, under the command of the Pentagon are also armed and present. The first arrests have been made in Val Verde County, where the town of Del Rio is located. Officials estimate that there could be 50 arrests a day in Val Verde County alone, and possibly 200 daily by August. The Governor has also used state funds to pay for a border fence to be erected on private land on the border near Del Rio so that the trespassing charges will stick. In Texas, criminal trespass requires that the person know they are trespassing, which is not commonly the case for migrants. The fence is said to be sufficient to make the charge. It is expected that those arrested would get sentences of time served and be turned over to Immigration and Customs Enforcement (ICE) for deportation. ICE has already asked to be notified before the release of those arrested. The moves by the Governor are contrary to federal law concerning refugees seeking asylum. Migrants who cross the border, whether at entry points or not, and turn themselves over to the federal Border Patrol, are able to make their case for asylum and remaining in the U.S. Val Verde county officials said a vast majority of people crossing the border at Del Rio immediately turn themselves in so they can apply for asylum. While it is the case that the federal government has also made securing asylum more difficult, the issue here is interference by state policing forces in immigration, which is a federal matter. Already, local sheriffs are objecting as are the federal forces. Val Verde County Sheriff, for example, intervened on behalf of a migrant couple, where the man was arrested by state troopers and separated from his wife. The sheriff brought in media to witness the arrest, saying it was not supposed to happen and that it was not the only example of families being separated. He called DPS officials and secured this one man's release, but dozens more are going forward. The Border Patrol Agent present also objected but chose not to interfere in this particular case. The most populated border counties, like El
Paso and those in the Rio Grande Valley, have
refused Abbott's request that more law
enforcement be sent to their regions. Local
officials have argued there is no increase in
criminal activity in their counties that
justifies a disaster declaration and law
enforcement surge. It remains unclear if Abbott
will send in forces despite their objection.
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