BORDER 101

Article and photos contributed by COL Terry Wilson US Army, Retired R-TX20 State Representative for Williamson County

In September, I had an opportunity to visit Eagle Pass — ground zero for the border crisis, alongside Border Czar Mike Banks, and Chairman Ryan Guillen, who leads the House Committee on Homeland Security and Public Safety.

As Chairman of the House Committee on Defense & Veterans’ Affairs, it is my duty to witness firsthand the challenges the men and women of our Texas Military Department (TMD) and Department of Public Safety (DPS) face to help secure the Texas border as part of Operation Lone Star.

WHAT IS THE CRISIS AT THE BORDER?

The crisis at our southern border is one of dereliction of duty. Eleven years ago, the United States Supreme Court decreed in U.S. v Arizona that only the federal government had the authority to enforce immigration law. The Biden administration twisted this decision to mean that a president can simply ignore immigration laws already passed by Congress, and choose not to enforce the parts of the law he does not like.

Operation Lone Star (OLS) was Texas’s initial response to the Biden Administration’s refusal to secure our border. Over the last two years, thousands of DPS troopers, with National and State Guards have deployed to the border. Since US v Arizona prevents direct immigration enforcement, OLS has focused on building barriers and installing razor-wire to prevent illegal entry, and working with landowners near the border to enforce criminal trespass and other state laws often broken by those entering the country illegally.

Under the orders of President Biden, Federal Customs and Border Patrol (CBP) agents are neglecting to enforce immigration law by instituting a “catch-and-release” policy. I witnessed CBP agents who could only watch as individuals crossed the Rio Grande, approached the razor wire installed as part of OLS, and proceed to cut the wire to cross the border. The agents took them into custody for processing, and later released them without penalty.

Knowing there is no real penalty or chance of deportation, roughly 6,000 people have illegally crossed the Texas/Mexico border every day since Biden's first day in office, accounting for 3/4 of all illegal border crossings. To put that number into perspective, at the end of last year the Texas Department of Criminal Justice (TDCJ) had the capacity to incarcerate 122,132 people. At the current rate of illegal immigration, arresting, processing, and holding every person crossing the border illegally would require the current resources of our entire criminal justice system every 22 days.

Cartels use the chaos as a cover for their drug smuggling and human trafficking operations. Although most of those looking to come to the United States are not involved with drugs or trafficking, the cartels rely on unenforced laws, weakened infrastructure, and overwhelmed personnel. They can operate nearly undetected, without real fear of having their activities curtailed by Texas or U.S. law enforcement.

WHY IS THIS HAPPENING?

The best way to tackle any problem is to understand the root cause and address it if you can. For illegal immigration, the key question is “Why are so many people leaving their homes to come here?”

The recent surge in illegal immigration is coming from countries in South America; Mexico serves as a passthrough point for individuals coming to the United States. In September of this year, Venezuela, Guatemala, Honduras, Colombia, and Ecuador accounted for 55 percent of all border patrol encounters.

Those countries have been in a steady decline of economic and political stability over the last half century, all of which has come to a head in the last 10 years. The more destabilized the economy, the more people will leave their homeland looking for new opportunities.

Venezuela serves as a good example of this. The nation spent generations under oppressive cartel-run governments that have left behind a crumbling economy. A person from Venezuela is five times more likely to attempt to enter the United States illegally than a person from Mexico. In September of 2023 Venezuela accounted for 18 percent of all encounters with CBP.

Fortunately, the situation in Venezuela is not hopeless. Just last month Venezuelans elected a new president dedicated to fighting cartel corruption and putting the country back on a path to free enterprise and economic growth. While that will take time, any improvement to the situation in Central and South America will reduce the burden on Texas.

What Can Texas Do?

Sadly, Texas can do little to address the root cause, since international affairs are out of our hands. However, we can do a great deal to address the symptoms, and make up for the Biden Administration’s refusal to enforce federal immigration law. Doing so requires a shift away from the emergency stop-gap measures that have been so necessary and toward a set of long-term permanent solutions.

IN THE 4TH SPECIAL SESSION OF THE 88TH LEGISLATURE, WE PASSED TWO MAJOR PIECES OF LEGISLATION ADDRESSING THESE ISSUES DIRECTLY.

IMPROVING BORDER INFRASTRUCTURE

The legislature committed $1.5 billion for Operation Lone Star and Border Security Infrastructure. Specifically, through the construction of border walls, deployment of buoys, and helping fund DPS (Department of Public Safety) and local law enforcement.

Since walls cannot be built in the middle of the Rio Grande, someone approaching the wall would first set foot on American soil, allowing CBP to intercept and process them. While this does not currently do much to stop economic migrants from crossing the border — as CBP will simply release them once processed without deportation — anyone engaged in any other illegal activity will typically seek to avoid arrest and capture, making the wall highly effective against terrorists, drug smugglers, and human traffickers.

Constructing a border wall will take time, but Texas is dedicated to doing it right the first time. With 319.9 miles of existing wall (179.9 from natural barriers like mountains, 65.7 miles built under the Trump administration, and 74.3 miles built under President Bush), Texas needs to build 825.8 miles of quality wall to finish securing our border.

The walls being built by the Texas Facilities Commission (TFC) are more than just barriers, they also include the electrical and communications infrastructure needed to light and monitor every inch of the border properly to ensure true security. According to estimates, the current budget of $750,000,000 per year will allow the construction of about 65 miles of wall built each year, making the border wall a 10-to-15-year project to complete.

We cannot rely on the federal government to do their job long term. Even if a more favorable administration takes over, nothing is guaranteed, and our security cannot rely on whoever is in the White House.

The funds set aside for border infrastructure are a solid baseline, but in 2025, the 89th Legislative session, I will be working to expedite this process by putting additional surplus funds to move the timeline for completion up as much as possible.

Walls will also be supplemented by buoys (below), which help prevent illegal aliens from setting foot on U.S. soil to begin with, helping encourage them to seek legal ports of entry. Their deployment requires optimal water depth and weather so they cannot be primary deterrents.

MAKING ILLEGAL ENTRY A FELONY

In the recent special session, we imposed strict penalties for illegal entry into Texas, starting as a Class B misdemeanor and escalating to a felony for repeat violations. It further criminalizes re-entry by previously removed aliens, with penalties varying by criminal history and reasons for removal.

Central to the act is the power given to magistrates and judges to order non-U.S. citizens to return to their home countries, targeting individuals without serious convictions or current charges for major offenses. It also requires collecting and cross-referencing biometric data with criminal and national security databases, highlighting a focus on public safety.

Crucially, the legislation grants immunity and indemnification to local and state officials, employees, and contractors enforcing these rules, except in cases of bad faith or recklessness, ensuring accountability and protection for enforcers.

Under this law, those charged or convicted are ineligible for community supervision or deferred adjudication, reflecting the seriousness of immigration offenses. Additionally, the law requires recording all related orders in the state’s criminal history system, which improves offense tracking and management.

The act also restricts parole and mandatory supervision for inmates convicted of these offenses, emphasizing a stringent stance on immigration violations.

FINAL THOUGHTS

Governor Abbott deserves credit for taking action to secure our border when the Biden Administration refused to do their job, and for calling for more permanent solutions in the special session to protect our citizens, and ultimately reduce the need for Operation Lone Star.

The National Guard’s first priority is to prepare for the defense of our nation. It is routine for TMD forces to deploy around the world to support Department of Defense missions. To sustain military readiness, soldiers and airmen must meet individual and collective quarterly, semi-annual, and annual training standards.

Unlike emergency response, where a National Guard unit may briefly deploy in response to a hurricane without disrupting training, OLS has required yearlong deployments of our National Guard, which has disrupted their ability to train effectively.

In addition to expediting the construction of the border wall, Texas should consider the establishment of either a dedicated agency or a new division of the Department of Public Safety, solely focused on addressing border-related crimes. This is essential to streamline and consolidate efforts across existing state border operations. This specialized agency’s primary mission would be to investigate various border-related offenses, including human smuggling, narcotics trafficking, and money laundering.

Additionally, the agency would be responsible for compiling comprehensive data on border-related cases investigated by other law enforcement agencies. Oversight of this agency would fall under the purview of the Texas DPS or necessitate the creation of a Texas Department of Homeland Security. This initiative would enhance border security and also create employment opportunities for law enforcement personnel specializing in this field.