AUSTIN, Texas -- Gov. Rick Perry's office emphasized Friday that his dispatch of National Guard troops to the U.S.-Mexico border doesn't include giving them arrest authority "at this time."
The Texas Department of Public Safety "has a strong framework for law-enforcement operations along the border and Governor Perry has great confidence in their ability to keep Texans safe," Perry spokesman Travis Considine said.
"While the Governor does have the ability to give the National Guard arrest authority, that is not part of the mission at this time," Considine told the Express-News by email.
"The Guard is working directly with DPS to deter and refer criminals. If the Guard comes upon someone committing a state crime, they refer the individual to DPS who does the arresting. If they come upon an individual committing a federal offense (like crossing the border illegally), they again refer the individual to DPS, who then refers them to the appropriate federal agency," Considine said.
The extent of the Guard's power under Perry's decision to order up to 1,000 troops to the Rio Grande Valley has been under close scrutiny.
Republicans in the Texas congressional delegation have applauded Perry's move, while a number of Texas Democrats in Congress have criticized it as an unnecessary militarization of the border.
Maj. Gen. John Nichols, adjutant general of the Texas National Guard, said this week that the Guard could detain people if asked to do so but that the plan instead was focused on "referring and deterring." Referral would be to DPS.
The New York Times reported that Perry has the power to order the troops to make arrests since he is deploying them, rather than waiting for Washington to do so.
Perry repeatedly has asked the Obama administration to deploy troops, and the White House has said the Department of Homeland Security is looking at the request. The governor's emphasis on the issue has heightened his profile as he considers a run for the 2016 GOP presidential nomination.
An 1878 federal law generally doesn't allow military activities by the Guard in the United States unless authorized by Congress, some experts have said. U.S. Sen. Ted Cruz. R-Texas, has proposed a measure that would give federal arrest powers to troops with regard to immigrants.
In 2006, President George W. Bush sent 6,000 Guard members to the border, and President Barack Obama sent 1,200 in 2010. Their activities included surveillance and assisting the Border Patrol with administrative work.
Copyright 2014 - San Antonio Express-News
McClatchy-Tribune News Service
