If something happens, the TX gov needs to roll some M1 Abrahams and put them on the border.
This brings up an interesting question... Let's say that the governor of a state calls up the national guard to patrol a border that happens to be a border with a foreign country. Constitutionally, that's the federal government's job, and a state official does not have the authority to do something like that. More importantly, what would happen when the federal government decides that they like the status quo better, and overrides the governor by federalizing the guard...
Mark
"This brings up an interesting question... Let's say that the governor of a state calls up the national guard to patrol a border that happens to be a border with a foreign country. Constitutionally, that's the federal government's job, and a state official does not have the authority to do something like that. More importantly, what would happen when the federal government decides that they like the status quo better, and overrides the governor by federalizing the guard..."
When the state and feds take no action to protect citizens, the locals have to do it. The sheriff can deputize folks.
He can't forcibly deputize, but he can take volunteers. A sheriff is the king of his domain/county for law enforcement. The Feds run into all sorts of posse comitatus restrictions. The State can do alot too, but normally not unless it's a declared emergency because they dont want to spend the money. Defending citizens and property from threats greater than the individual sheriffs resources open up a legitimate right to deputize. As long as individual/civil rights/property rights are not trampled on it's legitimate and the Feds can try to stop it, but there is tremendous precedent on the local official's side.
He can do it and bill DHS/State of Texas afterwards, especially if they do not respond to his requests for assistance.
If I were him, I would put up a tent city for a jail.
He can order the TX Hwy patrol and TX Rangers (the detectives not the baseball team) to post units near the borders)... Since those are civilian agencies, it is therefore out of the right of the President to order them to stand down.. Also, since a county Sheriff is the highest authority law enforcement officer within his jurisdiction, order his deputies to the border or establish special border deputies for each county and arm them to the teeth... Dare the POTUS, Congress, or the Mexican army to cross them.