The Big Conversation
Can those National Guard troops being sent to the border arrest people? The latest word is they can. And the reason why is that Rick Perry sent them, and not the federal government.The New York Times' Manny Fernandez reported that the Reconstruction-era law that limits activities by the Guard would not apply to "state-duty troops."
"The ones due at the border next month will work side by side not with federal Border Patrol agents but with state police officers of the Department of Public Safety. They will not be able to enforce federal immigration laws but may be able to enforce state law," Fernandez wrote.
The question, though, is not whether Perry can give the Guard troops that authority but whether he would. "It remains unclear if Mr. Perry will grant the troops the authority to make apprehensions. General [John] Nichols suggested this week that Guard troops could do so if the governor requested it but that they had no plans to." Fernandez wrote. "Homeland Security Secretary Jeh Johnson has indicated the limited involvement federal officials have had in Mr. Perry’s plans. 'We don’t know yet exactly what they intend to do,' he said Tuesday. Asked about possible federal coordination, he said, 'I would certainly hope so.'”
The Houston Chronicle's Kevin Diaz reported that U.S. Sen. Ted Cruz rolled out legislation on Thursday extending federal arrest powers to the Guard troops. "The proposal represents a turnaround for the Texas Republican, and is likely to be shot down by Democrats who control the Senate," Diaz wrote. "His office rejected reports earlier this week that he planned to seek arrest authority for guardsmen, whose domestic police powers are restricted under U.S. laws and customs."
