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Texas Observer
Texas Observer
Politics
Justin Miller

Border Militia Bill Reveals Texas GOP’s Scheme to Expand State Enforcement Powers

With a rash of legislation unveiled at the bill filing deadline last Friday, Texas Republicans are escalating their brazen scheme to challenge the federal government’s authority on border security and immigration enforcement—and empower states’ rights on this front.

House Speaker Dade Phelan announced his final package of priority legislation centered on border security late Friday, headlined by House Bill 20, a measure by state Representative Matt Schaefer, a right-wing Republican from Tyler, that would create a state “Border Protection Unit” with officers who are empowered to “arrest, detain, and deter individuals crossing the border illegally including with the use of non-deadly force.” 

Under this bill, officers would be allowed to repel and return migrants back to Mexico or arrest individuals seen crossing the border between ports of entry, which would become a state felony that could carry harsh prison sentences under the bill. Schaefer’s legislation would codify and expand prior orders by Governor Greg Abbott—like granting National Guard soldiers the power to detain migrants—that have blatantly tested the limits of state authority. 

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