Gov. Abbott authorizes Guard, DPS to apprehend migrants at border

AUSTIN — Gov. Greg Abbott, in an executive order Thursday, directed National Guard soldiers and troopers from the Texas Department of Public Safety to arrest migrants crossing into Texas without legal authorization and return them to the southern border.

The two-term Republican governor said he took the action because of what he called the Democratic Biden administration's inability to control surging illegal immigration from Mexico. However, U.S. Customs and Border Protection said that in May, federal authorities processed nearly 200,000 migrants for expulsion in the Southwest United States.

Both Abbott and federal authorities noted that a higher-than-usual number of migrants are crossing into the United States. The governor laid the blame on the administration's plan to end the Trump-era policy called Title 42, which turned away asylum seekers on the grounds it would help curb the spread of COVID-19. A federal judge has ruled that Title 42 must stay in place.

But Abbott said in his statement that the administration's intent to lift the policy helped spur the uptick in crossings.

"The cartels have become emboldened and enriched by President Biden's open border policies, smuggling in record numbers of people, weapons, and deadly drugs like fentanyl," Abbott said. In his executive order, Abbott said the cartels view Biden's immigration policies as "la invitación," or “the invitation," to cross the border without authorization.

In his statement, Abbott touted the $4 billion plan he calls Operation Lone Star that has sent about 10,000 Guard soldiers to the border on extended deployments and beefed up the presence of DPS troopers. Texas is also erecting fencing on parcels of land where the owners have given permission as a countermeasure to Biden's decision to end construction on the border wall pushed by former President Donald Trump.

Under Operation Lone Star, Guard soldiers and troopers, along with local law enforcement agencies, have taken migrants into custody on such charges as trespassing as a means to detain them under state law without usurping the authority of federal immigration officials.

In his executive order, Abbott said he has the authority under his emergency powers to direct the Guard and DPS to apprehend unauthorized migrants even if they have not violated state law.

In Customs and Border Protection's most recent news release citing border crossing statistics, the agency's head disputed any suggestion that the administration has adopted an "open-borders" approach to illegal immigration.

“Current restrictions at the U.S. border have not changed: single adults and families encountered at the Southwest Border will continue to be expelled, where appropriate, under Title 42,” Commissioner Chris Magnus said. “Our message to those who would try and gain illegal entry to the United States remains the same — don’t make the dangerous journey only to be sent back.”

The agency said that in May 100,699 people were expelled at the border under the Title 42 policy. An additional 90,650 were sent back for crossing under other provisions of federal law, CBP said.

Democratic Congresswoman Veronica Escobar of El Paso called Abbott's latest move an election year stunt.

"It’s one thing to say, 'I want to use the power and authority given to me by the public to improve the situation,'" Escobar said. "But it’s quite another thing to use migrants as a prop, to use the National Guard as a political plaything and to use precious resources to try and get himself reelected and position himself to run for president in 2024. Because that’s what’s really going on here."

On Wednesday, the Texas Tribune and ProPublica reported that the U.S. Justice Department was investigating possible civil rights violations under Operation Lone Star. The report cited letters from the Department of Public Safety and the Texas Department of Criminal Justice that acknowledged the federal inquiry.

TDCJ's letter said the Justice Department had questioned whether “differential and unlawful conditions of confinement based on their perceived or actual race or national origin" were in place for migrants accused of breaking state law and detained in Texas prison facilities.

Staff writer Martha Pskowski of the El Paso Times contributed to this report.

This article originally appeared on Corpus Christi Caller Times: DPS, National Guard given authority to arrest migrants at Texas border