Texas Guard on the border has more power than if feds sent them
NY Times:
Current plans call for the Guard to notify the Texas Department of Public Safety if an arrest is deemed necessary. Working closely with DPS should make for a smooth transition if he President orders troops to the border.National Guard in Texas Could Get Arrest Power
By deploying Guard members himself rather than through Washington, Gov. Rick Perry has the power to order the troops to make arrests and apprehensions.
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