Fox News’s Bill Melugin tweeted video of illegals crossing into Texas through a fence on private property, then followed with footage of a Missouri National Guardsman opening an entrance to let them into the country. It was actually a Guardswoman, but anyway, there followed a question: Was that legal?
I asked the Texas National Guard if this is one of their soldiers who opens the gate for the group of migrants. They tell me she is NOT a TX soldier & is not TX ARNG. I’m told she is a Title 10 soldier from the Missouri ARNG under orders from the federal gov & working w/ BP. pic.twitter.com/zKWy121u1K— Bill Melugin (@BillMelugin_) May 16, 2023
It's in the tweet; she was mobilized by the Federal Government to assist the Border Patrol... presumably in Texas. And yes, as much as people dislike it, what she’s doing is “legal”.— Hart Celler (@8USC12) May 16, 2023
The Hart Celler Twitter account said yes:
It’s in the tweet; she was mobilized by the Federal Government to assist the Border Patrol... presumably in Texas. And yes, as much as people dislike it, what she’s doing is “legal”.
Border Hawk elaborated:
“[S]he was mobilized by the Federal Government to assist the Border Patrol… presumably in Texas. And yes, as much as people dislike it, what she’s doing is ‘legal,’” explained a former federal immigration official.
“[P]er the previously cited code, Agents wouldn’t be ‘trespassing’; I can see the river, so it’s within 25 miles, and need neither, though Agents like to have the latter, and the aliens are surrendering to what they view as a U.S. Gov’t authority figure having already entered.”
Not so fast. Federal law allows federal agents to defend on the border even on private property, but only to stop illegals. It says nothing about permitting them to enter the country. Let’s look at the statute:
Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant— …
within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States.
Beside that, a not-unimportant statute criminalizes bringing in and harboring certain aliens, namely, illegals:
Any person who—
knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; …
encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or …
shall be punished [with fines and up to 10 years in prison].
The Missouri National Guard lady might have been there legally, but she invited the “migrants” into the country illegally.
No worries, though. Traitor Joe Biden is her commander-in-chief. He’s breaking multiple laws, and has been since Day 1 of his bogus presidency. He’ll probably give the Guard lady the Medal of Honor for service above and beyond the call of duty in service of The Great Replacement.