A state program intended to expand the arresting powers of U.S. Border Patrol agents working in Texas has yet to get off the ground nearly a year after it went into effect.
Legislation that was signed by Gov. Greg Abbott in May 2023 and went into effect in September, expands the arresting and search-and-seizure powers of Border Patrol agents. It also allows them to enforce state laws if a suspected felony occurs at a port of entry or a checkpoint. Before the legislation passed, federal agents could only detain someone at a checkpoint and then defer to state or local law enforcement.
The law, Senate Bill 602 by Sen. Brian Birdwell, R-Granbury, was touted as a way of expanding law enforcement capabilities on or near the border.
But during a hearing Thursday of the Texas House Committee on Homeland Security and Public Safety, lawmakers were told the program hasn’t been rolled out yet.
Texas DPS Assistant Chief Derek Prestridge said part of the delay was due to Border Patrol still determining whether to take part in the required training program overseen by the Texas Department of Public Safety.
“As of right now [Border Patrol] have advised us that they are seeking their general counsel’s guidance and approval before they will commit to attending any classes,” Prestridge told the committee.
Border Patrol agent Chris Cabrera, a spokesperson for the agency’s union who works in the Rio Grande Valley, said one of the most common infractions agents see at the checkpoints situated along the state’s southern border is driving while intoxicated – an offense Border Patrol can’t make arrests for.
Cabrera, who has been a vocal critic of the Biden administration’s border policies, said he believes the program will eventually gain steam. But he said that it’s all up to the U.S. Department of Homeland Security.
“It goes all the way up to [DHS Secretary Alejandro] Mayorkas. That’s where it lies right now,” Cabrera said.
The bill’s text states that the Texas Department of Public Safety may enter into an agreement with the Border Patrol “for purposes of providing the training” but Prestridge said it’s not a requirement for the agency.
“Our practice in providing training as a state agency to our local, state and federal partners [is] we historically do not require a signed agreement,” he said.
Another implementation delay could be due to the training program itself. Prestridge said the DPS has shared outlines for the training and its first phases with Border Patrol and officials in Washington, but conceded those could evolve based on feedback.
“They have begun their review, and they have asked some reasonable follow-up questions with a focus on felony laws,” he said. “And they also were asking some reasonable questions in regard to filing the cases and follow up testimony.”
It’s unclear how quickly training would begin once the federal government agrees to opt in to the program.
State Rep. Vicky Goodwin, D-Austin, asked Cabrera why Border Patrol agents would be asked to arrest people for violating state crimes if the federal agents are already stretched thin. She said Gov. Abbott has already deployed thousands of Texas National Guard soldiers and state officers to the border under Operation Lone Star because the Border Patrol was overwhelmed.
“Now you’re making it sound like they’re standing around, not able to go after drunk drivers. It’s confusing to me. Are y’all not that busy?” she asked.
Cabrera said the shortage of agents was near the Rio Grande and that’s where the state help was needed.
“There’s never a shortage in our checkpoints. That’s where we have more manpower available to work,” he said.
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Got a tip? Email Julián Aguilar at jaguilar@kera.org.You can follow Julián on Twitter @nachoaguilar.