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House Defense & Veterans’ Affairs and Homeland Security & Public Safety held a joint hearing on September 29, with invited testimony only, to discuss the Texas-Mexico border interim charge. The committees monitored the activities of the Texas State Guard and the Texas National Guard participating in Operation Lone Star. Additionally, they discussed legal or logistical support that can be provided to these organizations to increase efficiency with the Department of Public Safety. A link to the hearing can be found here.

 

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Tracy Norris, Texas Military Department

  • On March 4th the Governor deployed the National Guard to the Texas-Mexico border for public safety reasons
  • National Guard helps scout migrants, create barricades, and listen to operation posts
  • In June 2021 the Governor asked them for more members and a temporary barrier to deter migrants and illegal activity
  • HB9 supported DPS
  • Raymond – How many vehicles do you have?
    • Over 800
  • Raymond – How are they utilized?
    • Used on the lP’s and OPs
  • Raymond – Where are the vehicles not being used on the Border?
    • We place the vehicles along the border, and we time how far away they are in case of a surge
  • White – You are occupying listening posts, making barriers, but are these just blocking measure to slow them down until you can get more help?
    • Correct
  • Harless – We had 14,000 people crossing the border you think that is success?
    • These are just some aspects of what we count as success; there are turn backs and surrenders
  • Tinderholt – How were you involved in Del Rio?
    • We had nine armored vehicles and 30 soldiers
    • The flow was stopped by DPS vehicles; we were on the opposite east side across the bridge
  • Tinderholt – There is a 25-foot wall? Is that a wall federal?
    • No, those are volunteer walls established by citizens
  • Tinderholt – What is a temporary barrier?
    • It is a chain link fence; this is helpful because you can see through it
    • 9ft tall with razor wire on top and in the middle of the fence
    • It is stopping traffic flow
  • Tinderholt – What is the difference between title 10 and title 32 money?
    • Title 10 is federally funded money that has a very strict and limited requests for money
    • Title 32 money is under control of the governor and has a lot more leeway
  • Tinderholt – Do you think there could be retention or recruiting issues in the next 2 years?
    • Title 32 as strong reemployment rights; the strengths are basic housing allowance, peridium
    • They do not get 9-11 GI Bill, or retirement
    • We are making incentives to improve retention, tuition assistance, airborne school,
  • Tinderholt – When you are state active duty can you return to work guaranteed?
    • There were things passed in the senate so I will have to double check If things have changed
    • We do not have a moral problem because they want to protect Texas
    • We are working on retaining the sergeants; there is not a retention bonus
  • Gervin-Hawkins- What is happening at the border? Has the Haitian population moved to Del Rio?
    • Raymond – can we hold on to that question
  • Patterson – How many people do you have?
    • Norris – From Texas to California there are 3-4,000 federal employees
  • Patterson – What authority do you have to make arrests?
    • We do not have authority to detain
  • Buckley – Are there operational hurdles with communication and surveillance; Can we help with this?
    • When we help DPS we have radios
    • The guys on the border have synced meetings
    • We try to stay right with DPS
    • DPS helps with a 4-day training
  • Buckley – Can you speak to some of the border activity you have seen?
    • When there is large amount of people come across at once; we have learned this is a decoy
    • DPS will watch for the decoy and deter them from coming across the river
  • Lopez – Can you comment on how we are bringing information together like fusion centers?
    • We rely heavily on DPS for intelligent
  • Lopez – Has the fusion center been helpful?
    • I would refer to Director McCraw
  • Biedermann – You were saying you only have authority on state property; why were people in Del Rio not stopped on state property?
    • That was not us that was Homeland Security
  • Harless – How stretched will your resources be in a case of gridlock or hurricane?
    • When things get bad, we get stretched but we have people that will come; for hurricanes we relied on EMAC because they are our partners in other states
  • White – Is there a unit that can get on the airways and tell them the border is not open?
    • The issue is authority on US soil we must be on title 10 status to audio project to other countries
  • White – The health and welfare of men is first; how are we addressing that on the border?
    • In process we call it JRNI- they get weapon training, we have medics, sick call and we have PA’s if we need them
    • If an emergency happens, we go to local hospitals
  • White – What about vaccinations?
    • You must show all inoculations and vaccinations
    • Last week the army put out that the COVID-19 vaccine would be mandatory
    • The military on the federal side is required on the army we have till June 31st
    • There is an exception for religion and for health exemptions
  • Gervin-Hawkins – Are you doing suicide prevention?
    • For each unit we have people with suicide prevention training
    • It is a high-profile item for us
  • Gervin-Hawkins – Under your leadership what is the percent of men and women?
    • On the army-guard side its around 16% women, and 18% on the air-guard side
    • There are more women in leadership now than before as well as increased retention
  • Goodwin – Are the migrants under Del Rio bridge asking for help or asylum?
    • I cannot say much for Del Rio; we are seeing family units come across that surrender immediately, and we are seeing runners
  • Goodwin – Does your department focus on runners more than the families?
    • Yes, but we are the eyes and ears of the DPS, and we wait for them to make the moves
  • Goodwin – Do you have the authority to arrest a drug runner?
    • The authority we have been given is to assist on arrest; if they get away, we call and report it
  • Raymond – Do you need legal or logistic support to better operations?
    • We are going to need basecamps, vehicles, and more beds
  • Biedermann – Who gives you authority?
    • The Governor, our job is to support law enforcement and DPS

 

Steven McCraw, Director of The Texas Department of Public Safety

  • Border Intelligence Centers are all around Texas; Marfa, El Paso, Laredo etc.
  • Weekly reports are issued to help communications
  • Bullet resistant glass is being installed on DPS cars
  • DPS has been able to hire more guards because of committee support and state funding
  • There were 17,000 migrants that entered through Del Rio during the border surge
  • Among these migrants were women children and families
  • Advocates for a mobile barrier because there is a hole in Del Rio
  • There is a lack of space for immigrants in county jail; detention centers are helpful
  • DPS needs help building a temporary barrier across the low rising river
  • 1 million apprehensions last year
  • Fentanyl is the main pusher across the border right now; 7.9 million have overdosed on this drug
  • The cartel is also pushing counterfeit pills and methamphetamine
  • Migrants with cellphones are educating their friends and families about how they crossed the border
  • Raymond – How many DPS troopers are stationed on the border? What about federal?
  • Used to be 1,000 DPS troopers but now it’s 1,500; workdays have extended to 15 hours
  • 600 federal troopers on standby
  • Raymond – What is ideal number of border patrol staffers?
    • It depends on what the infrastructure is; every zone is different
  • If there is helpful technology, then you need less
  • 10,000 is a pitiful number
  • Gervin-Hawkins – What happened in Del Rio? How can the people help?
    • I do not know where the Haitians are right now – that is from DHLS
  • Gervin-Hawkins – How did they move from Del Rio to Acuna
    • They turned around the same way they came
  • Gervin-Hawkins – Who would know at DHLS
    • The secretary, the ICE director, etc.
  • Gervin-Hawkins – Raymond, how can 17,00 people disappear?
    • They did not
  • Gervin-Hawkins – Where are those people?
    • The mayor will testify
  • Gervin-Hawkins – The government is one layer, but we must talk to the community too
    • I am proud of our faith-based communities; they have helped us during disasters
  • White – What is operational control? What does it take to get it?
    • Every zone is different; the term means the cartels can dictate when and how they move
    • We are not responding, we are reacting
  • Tinderholt – Where state troops are on the border are they sanctioned crossings
    • No sir
  • Tinderholt – It is illegal to cross the border even for asylum if the border is not sanctioned; only 15% of people who do the asylum interview pass
  • Biedermann – The DPS agents at the Capitol should be relocated to the border because they are not needed; they could be elsewhere
    • We are being proactive; it is important to protect the safety of the Capitol
  • Raymond – What Is the case with people coming in with guns to the capitol?
    • We check to see if they are felons, but they do not need a permit
  • Goodwin – What resources have you gotten from operation Lonestar?
    • We have gotten around $2.5 million a week, funded 150 new troopers, and doubled our yearly budget
  • Goodwin – How much more are you asking for?
    • We have enough funding; we might need to sustain it later, but the supplemental funding has been enough
  • Goodwin – Is that true for the guard as well?
    • I think she would speak for her team but it’s clear we have the funds
  • Raymond – If we deployed more identifiable vehicles would that be helpful to you?
    • It is my understanding we have access to all 800 vehicles
  • Raymond – One way to stop illegal immigration is to enact fines on those who employee immigrants; migrants ae coming because they know they can find work
  • McCraw – After crossing the border, the cartel and sex trafficking rings move deeper into Texas to ensure they do not get caught
  • Biedermann – Is there any way to make the cartel a terrorist group?
    • The government has talked about it and does not think it will slow the success of the cartel
  • Biedermann – What can Texas do?
    • Local initiatives that support public safety
  • Raymond – What is the interim between border patrol, National Guard and DPS
    • We talk with border patrol frequently; we use walkie talkies and radios
  • Morales – Did you agency receive any intel about what happened in Mexico that led to what happened in Del Rio?
    • We had no idea and neither did border patrol
    • The migrants have reported that in Del Rio the cartels were less harsh
  • Morales – What can we do to make sure the right assists and informants are available to you?
    • We need to tap into federal communication, caravans, as much intel as possible
  • Morales – I have heard the border patrol president saying that they were aware
    • At the end of the day, I am convinced that no one was aware of this
    • Border patrol is the hero in this situation
  • Morales – Places like Eagle Pass do not have the same issues as Del Rio; what can we do as Texas?
    • We can reach out the Mexican state police
    • Depending on where you are, some counties are more proactive with communication on the other side
  • Morales – We are only encouraging drug smuggling; need to expand ports in Del io and Eagle pass
    • – Ideally those that seek asylum will remain illegal if they do pass through the right entry
  • Morales – Are some migrants claiming asylum in Del Rio?
    • Yes but I think this legislation should change; if you come to the US seeking asylum but do not cross at a sanctioned area then your request for asylum is void because you broke the law
  • Gervin-Hawkins – Were the state or federal officers responsible for the treatment of the Haitians?
    • They were not state officers or DPS
  • Gervin-Hawkins – Where did the Haitians end up?
    • They were put into the care of border control, and they take excellent care of the people they have
  • Gervin- Hawkins – Is that is the message I should give my constituents?
    • Yes; The best thing a migrant can do is find a border patrol officer; they will protect you unlike the cartel

 

Tracy Norris, Texas Military Department

  • Unlike DPS the Texas Guard is seeking additional funding
  • Norris asked the Governor to fund a team of 5,000 troopers; they are currently funded for 2,500 troopers
  • Goodwin – What amount are you asking for?
    • Initially $4 million, but if we have to set up base camps it will be more expensive

 

Bruno Lozano, Mayor of Del Rio

  • Anecdotal story about how border patrol has gotten worse over the 18 years he has lived in Del Rio
  • The border patrol detains illegal crossers, and they are immediately vetted
  • The individuals under the bridge were not detained by border patrol
  • In 2019 the facilities were already overcrowded; they were designed for single units, but they are now crowded with families and vulnerable women
  • Border Patrol is donating toys, hygiene products and supplies because here is not enough federal funding
  • City budget is not sufficient for a long-term border solution
  • Mayor partnered up with a non-profit to ensure there is no homeless issue in Del Rio
  • The 2018 surge has never slowed, and there were no measures taken to prevent COVID-19 from spreading in the facilities
  • After the new administration the surge took up quicker
  • Most of the Haitians who crossed the border in Del Rio were fluent in Spanish, and had lived in various parts of South America for over a year
  • If these Haitians already sought asylum from Haiti to a South American state, then they will be ineligible for asylum under the new administration
  • Shares anecdotal experience with migrants during snowstorm and predicted the mass flood of migrants
  • He sounded the alarm in warning and asked for better or infrastructure, tents, foods etc.; it fell on deaf ears
  • On September 10th there were 200 Haitian migrants under the bridge; they were not running away from the border patrol they were running towards them or help
  • On September 13th there were 3,200 migrants under the bridge
  • The numbers of migrants only grew as processing started; up to 9,000 in 4 days
  • The focus of this process is based on humanitarian efforts by border patrol, the community, and local non-profits
  • Most migrants were given NTA’s, and NGOs and a minority were deported back to Haiti
  • DPS ensured there were no fatalities
  • Increase in high-speed chases due to of sex trafficking
  • Goodwin – Who made the decision for the food shelters to be cleared away?
    • I am assuming DPS because they set them up
  • Goodwin – You are saying they should stay up?
    • I think they should be more readily available; it seems like a mass migration happens every few months
  • Goodwin – During the big migration you shut down the toll road; Why did you do this?
    • We were worried about a stampede under the bridge; the DSHS would not close the bridge, so I felt I needed to step in
  • Goodwin – You said this cost $35,000,000
    • That is the overall daily values that gets transported over the bridge; The tolls were $17,000
  • Gervin-Hawkins – How do these Haitians get here?
    • They were living in different countries such as Chile, Argentina, and Brazil
  • Lambert – The reports showed 10 or 11 babies were born; were they taken to the local hospital?
    • Our hospital did an amazing job and did not turn anyone away
    • We requested ambulances for COVID- 19 care
  • Bowers – You alluded to the fact that there was not another way to control the crowd in Del Rio; was there another way?
    • The pictures looked cruel but from what I saw no one was being whipped or mistreated
    • You also must take in account the different terrain of west Texas; the horses were necessary
  • Bowers – Was COVID testing done?
    • There was no way to have done it
  • White – Were you aware that the Governor submitted a FEMA request
    • We were hoping the current administration would acknowledge the crisis
  • White – Letter has been denied by the administration, but the Governor wants to appeal
    • We will take any state or federal funding we can get
  • Tinderholt – Can confirm Bower’s point of the mistreatment of migrants by border patrol?
    • No, I did not
    • Bowers – There is no need to clarify
  • Raymond and Patterson discuss a picture taken at the border with mounted officers and migrants
  • Raymond – Should keep this non-partisan
    • Lozano – Am a registered Democrat, but these issues are two sides of the same coin; need to represent our communities
  • Buckley – What time frame do you believe the Haitians lived in the South American countries?
    • Years
  • Buckley – Something directs them to go north, have you heard them talk about this?
    • $1.4 million have entered unlawfully this fiscal year
    • Imagine more than $100 for each person that has entered
  • Bowers – We all want a secure border, but we must recognize all situations; this is not about politics
  • Morales – Do you still consider this a state and federal emergency?
    • Yes

 

Claudio Trevino, Laredo Police Department

  • What makes Laredo safe is your committee and the commitment to border security
  • The violence from the border is spilling over into normal police work