TX National Guard Given Authority to Make Immigration Arrests

 Posted on February 07, 2025 in Immigration

The Governor of Texas has given National Guard soldiers the authority to make immigration arrests. Prior to this, only U.S. Customs and Border Protection officials could detain and deport undocumented immigrants. The National Guard members who exercise this new authority are supposed to be in contact with a CBP official "at all times," but this contact can be via cellphone, radio, or "other technology," according to the agreement.

Governor Abbott has been sending Texas National Guard members to the border under Operation Lone Star for the past four years, but up until now, those members have acted only in a support role. As this is the first agreement of its kind, there may be lawsuits challenging the legality of this move. Typically, National Guard units are not considered law enforcement agencies, although they are used to "augment" police agencies under certain circumstances.

There appear to be few good choices for undocumented immigrants in Texas. If you have questions about steps you can take now to avoid deportation, questions about your immigration status, or need assistance with a visa or green card, you should contact a Plano, TX immigration attorney as quickly as possible.

Can Children of Undocumented Parents Be Questioned at School?

As the new administration calls for more immigrant deportations, local and state officials are developing their own directives to thwart or support ICE visits to public schools. The administration has reversed a guide that has been in place since 2011 that restricted the arrest of undocumented immigrants at "sensitive locations," including churches, hospitals, and schools.

As of 2022, it was estimated that about 850,000 undocumented children were in the United States, yet the U.S. Supreme Court said at the time that all children, regardless of their parents’ immigration status, are entitled to public education. Despite this, states like Texas, Florida, Oklahoma, and Alabama are allowing ICE agents into schools. Other states, like New York, California, Illinois, and Denver, have created their own policies that make it clear that ICE agents must have a judicial warrant to enter a school.

Many Texas schools are reporting a drop in attendance; it is believed that undocumented immigrant parents may be keeping their children home from school so they will not be questioned. This is a frightening time for families in Texas and across the United States who may have one or more undocumented family members. Parents are worried about being separated from their children, and children are afraid they will come home one day to an empty house.

What Should Undocumented Immigrants Tell Their Children?

It is important that you speak to an immigration attorney who can give you concrete steps you can take now to potentially avoid deportation and that you create a safety plan for you and your children—just in case. You should identify emergency contacts and memorize their phone numbers. Tell your children who these emergency contacts are and how to get in touch with them.

Let your child’s school or daycare know who the emergency contacts are and that they have the authorization to pick up your child during an emergency. Give emergency contacts the authority – in writing – to make legal and medical decisions for your child.

Tell your loved ones that if you are detained by ICE, they can use the online detainee locator (https://locator.ice.gov/odls/#/search) to find you. Remember that you and your family members have constitutional protections, including the right to remain silent when questioned by ICE or other officers.

Contact a Dallas, TX Immigration Attorney

Speaking to a Plano, TX immigration attorney from Law Office of Jae Lee is the single best thing you can do during these chaotic times. Attorney Lee can work with clients remotely when necessary, as he offers highly personalized one-on-one guidance. Attorney Lee’s parents went through the immigration process, so he has firsthand knowledge about it. Call 214-295-3014 today to schedule your free consultation.