August 7, 2014

A Green Beret’s Solution to Protecting the Southern Border Pt 2: TEXAS

When I wrote my article A Green Beret’s Solution to Protecting the Southern Border I intended it to be more of an academic or theoretical paper. In fact, I stated:

“I don’t realistically think anyone in any position of responsibility will have the intestinal fortitude to actually take the steps necessary to protect the United States in this manner.”

It was written because the border is such a hot subject right now and I was hoping to write something that would allow people to start a dialogue. I wanted people to actually talk about the problems down there, whether you agreed with me, or thought I was “marinated in hate and racism” by advocating sending the Illegals to “concentration Camps” to be shipped via railroad to the ovens just like a good “Nazi.” That doesn’t matter as long as it get’s people talking.

I’m going to use the great state of Texas for this article for a few reasons:

  1. They have already sent 1,000 National Guard soldiers down to the border.
  2. Law enforcement officers from several Texas counties have banded together to form a “Border Brotherhood
  3. Texas Sheriffs Association is speaking out on stretched resources and damage from illegal immigration.
  4. Texas has the best economy down there and they may be able to financially support at least some of these options.
  5. Texans are extremely independent and they aren’t afraid of hacking off people who disagree with them.
  6. Texas at one time was its own country (as every Texan I have ever known has repeatedly told me), so they understand the importance of sovereign borders.
  7.  If Texans don’t do it, who will?

As in my original article, the most important part is getting rid of incentives for people to come illegally and encourage legal immigration. As a state, there are certain things that can be done:

  • Restrict freedom of movement,
  • Make it difficult to get across and to stay,
  • Enforce and prosecute state and federal laws.

I know what people will say, “Well, then they’ll just go across somewhere else.” Good, that’s the point. If everybody start’s trying to come across in New Mexico, Arizona, or California it fixes the problem for Texas. If that happens, then New Mexico and Arizona will get fed up and enact similar measures in their states, and the only option available will be California.

If every illegal immigrant was coming through the California border I think even they would say “enough” and the demand that the Federal Government to step in and take care of it, and that would be earth-shattering. And maybe since Congress is too busy going on vacation and the President is contemplating taking unilateral action to make it easier for Illegals, the states can work together and share resources to fix the problem on their own.

Before we begin, a few things need to be understood, not just by the readers, but by every elected official in this country. They need to remember that the “Law” does not belong to the State or Federal Government, who are merely empowered to enforce it on our behalf. The laws belong to us, the People. If the Federal Government will not, or cannot, enforce a law, it is appropriate for the State to take over that duty. If the State cannot, or refuses, it is appropriate and Constitutional for the People to do it themselves.

Checks and Balances – Federal Government

U.S. Constitution Article 1, Section 8:

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;…

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

Amendment 10 of the U.S. Constitution

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Checks and Balances – States

  • Missouri is attempting to Nullify Federal firearms laws
  • Colorado and Washington have legalized recreational Marijuana use.
  • 55 of Colorado’s 62 elected sheriffs joined the lawsuit to overturn the new gun laws, which they call unconstitutional. See the 2A letter CO Sheriffs.
  • Colorado’s Weld County Sheriff John Cooke told (a national publication), he and other sheriffs are refusing to enforce the new laws, calling them too vague and a violation of the Second Amendment.
  • About a dozen upstate New York sheriffs have said they refuse to enforce the NY SAFE ACT and the New York State Sheriffs’ Association joined a lawsuit to overturn the gun restrictions.

So, as stated above, the “Law” does not begin at the state or federal level, it begins with every citizen in the United States and that is the way the founders intended it.

Checks and Balances – Individuals

The final and most important check to the Government is the Second Amendment.

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”

Thomas Jefferson to James Madison

  • The battle of Athens TN
  • In Connecticut and New York, tens if not hundreds of thousands of citizens are refusing to register AR’s and “high-capacity” magazines.
  • Gov. Perry has already called up the National Guard to play a supporting role to the Border Patrol, but he needs to do more, and these are some options that he can implement.

Part 1: Declare a State of Emergency

Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On application of the chief executive officer or governing body of a county or municipality during an emergency, the governor may proclaim a state of emergency and designate the area involved. For the purposes of this section an emergency exists in the following situations:

(1) a riot or unlawful assembly by three or more persons acting together by use of force or violence;

(2) if a clear and present danger of the use of violence exists; or

(3) a natural or man-made disaster.

For a state of emergency, the Governor can easily argue points (2) and (3) in his declaration. He can state this invasion as a clear and present danger to all Texans. A few examples include cartels, gangs, dangers to the citizens of Texas, public health risks, diseases, problems coming from other states, like North Carolina, criminal activity, potential infiltration by Islamic extremists, and (another, and another), and damage to the state’s economy.

He could easily cite attacks on law enforcement and Border Patrol (BP agent killed fishing with his family).

One suspect has been arrested no fewer than four times for entering the U.S. illegally, according to federal court records. The other has been deported twice after entering the U.S. illegally, sources said. “They claim to have been involved in other incidents, this means you’ve got stolen vehicles going into Mexico,” the Sheriff said. “Everything is going to be cartel-related, there’s a connection somehow.”

It’s hard to get hard numbers because no one really know’s how many Illegals are in the country, but here are a few stats:

  1. Since 2001 over $230 billion dollars has been sent back to Latin America.
  2. 6.5 million illegal children are currently enrolled in American schools. One number I saw was $173 billion spent on their education since 1996.
  3. Las Angeles County: $650 million in welfare benefit, $550 million for public safety, and nearly $500 million for healthcare. That is $1.7 Billion a year.
  4. California: $10.5 billion a year for education, health care and incarceration: The Federation for American Immigration Reform (FAIR) puts the cost even higher (The annual expenditure of state and local tax dollars on services for that population is $25.3 billion). Likely it’s somewhere in between.
  5. Americans (especially in the construction fields) are out of work because they can’t compete with the Illegals who get paid in cash under the table.

I could go on, but anyone who say’s that it doesn’t hurt the economy is lying.

The illegal immigration problem is ever increasing. Since the United States Government and DOJ won’t do anything, then as the duly elected Governor of the State of Texas, Gov. Perry will need to step in and defend the people he is sworn to protect.

Graphic pictures need to be shown and spread through the local news and social media showing the dangers Texans face living along the border every day, and the atrocities that are perpetuated upon the Illegals by those who make their living trafficking humans. Provide heart-rending stories of Texans on the border who have been shot at, show the children’s schools with bullet holes in El Paso and emphasize that this invasion not only is dangerous to Texas and the USA, but also to the Illegals who put themselves in the hands of the Cartels and the Coyotes.

This invasion is also dangerous to the state because it divides the communities and encourages racism. People who don’t have a problem with Hispanics suddenly are suspicious of them, wondering if they came here legally or not. That attitude creates distrust and then resentment from both sides. It also creates divides within the Hispanic community between those here legally, those who have been in the country illegally for years, and the new Illegals. Legal immigrants who have assimilated into the United States need to stand up in defense of the sovereignty of our border and fight back against the abuse these people face.

Controlling the Language

We’ve seen that ‘word morph’ trick in this issue too; “Undocumented Workers,” “Unauthorized Immigrants,” “Migrant workers” and on and on. Literally dozens of terms to avoid using the politically incorrect, but accurate legal description under the US Code, “Illegal Aliens.”

Governor Perry must not play into political correctness, but instead he must tell it like it is. He should never use any term that does not accurately describe their legal status under the law. In any interview, or press conferences he should correct any reporter who uses an off limits term and call them out on it. As in:

“We are taking no action against ‘undocumented workers,’ as that term has no meaning under the law. We are talking about stopping ‘illegal immigrants’ who are defined under the US Code. So to avoid confusing your viewers, or what is much worse, misleading them, let’s use the correct legal term here.”

Being open, transparent and honest prevents the other side from calling you a liar, but also prevents the “yellow journalists” who make their money spreading fear and hate. Use people like David Michael Lynch who directed the films “They come to America” and “They come to America II” and show his movies in theaters sponsored by the State of Texas. Hammer the truth on every radio, T.V., computer and phone.

Part 2: Legal Requirements and Preparation

A. When Governor Perry begins, the legislature will have to create some new laws so the law enforcement will be able to fulfill their duties.

1. Issue a State ID card for a nominal fee. To get the ID, proof of citizenship will be required.

2. Any business that is caught using illegal aliens will be severely fined.

3. Parents must prove citizenships of both themselves and their children. Any parent trying to enroll their kids who can’t or won’t provide this information will be reported to the authorities. Every offense not reported will result in a fine.

4. Hospitals will require proof of citizenship. The Emergency Room will treat life threatening injuries, but will have to report to the authorities any person who is not able to prove their legal status. Every offense not reported will result in a fine.

5. To receive any state benefits, parents must prove their legal status.

6. Require ID to vote, transfer money (bank or Western Union), any form of banking, and buying ID for renting of property.

7. Mandatory minimum sentence of 7 years for any illegal who is captured and has a violent criminal past.

8. Mandatory minimum sentence of 3 years for all Illegals arrested more than once entering the United States, as long as they don’t have a criminal past.

B. While this is going on, the state can begin preparing by:

1. A coordinated Information Operations (IO) and media blitz targeting all illegal immigrants to let them know what is going to happen. It would target not only those already in Texas, but also those who are contemplating illegally entering but are still South of the Border. Doing this while the laws are still being passed would create its own form of deterrence for those thinking about coming across, and encourage those in the state to leave.

2. Begin planning and coordinating between all elements, and come up with a Joint Operations Center (JOC) and designate someone in overall charge of the operation, preferably someone with experience commanding Multi-Agency Task Forces. Maybe the University of Texas will loan their new Chancellor to the Governor, former Admiral William McRaven.

3. Begin construction on the processing and holding facilities to house all Illegals to await processing and trial. See original article.

The JOC would have liaisons from each separate entity, along with an intel section who will have direct contact and communications with the Fusion Centers.

Part 3: Taking Action

Upon approval, a few things would need to happen simultaneously, although the planning could be carried out during Part 1 of the plan.

As Commander in Chief of the Texas Military Force, Governor Perry not only can call up the Army National Guard (which includes two companies of Special Forces National Guard, theater Special Forces Support Company, a Long Range Surveillance Company, a Special Operations Detachment-Africa, Apache and Lakota helicopters and engineering units), he can call up the Texas Air National Guard (which has a Fighter Wing, Airlift Wing and Reconnaissance Wing) and also the Texas State Defense Force.

“The Texas State Guard is one of three components of the Texas Military Forces (Texas MF), operating under the command of the Adjutant General of Texas and the Governor as Commander-in-Chief of all state military forces. The Texas MF includes the Texas Army National Guard and the Texas Air National Guard.

The mission of the Texas State Guard (Texas SG) is to provide mission-ready military forces to assist state and local authorities in times of state emergencies; to conduct homeland security and community service activities under the umbrella of Defense Support to Civil Authorities; and to augment the Texas Army National Guard and Texas Air National Guard as required.

Headquartered at Camp Mabry in Austin, Texas, the Texas SG functions as an organized state militia under the authority of Title 32 of the U.S. Code and Chapter 431 of the Texas Government Code.”

This element would also have access to the State Highway Patrol and the Texas Rangers, local police departments, county sheriffs, Posses and reserve deputies, along with an intelligence capability through the Border Fusion Centers. All troops will be armed and trained with both lethal and non-lethal weapons to be used as the situation warrants.

An initiative from the Governor creating a nonprofit organization who immediately begins fundraising throughout Texas. 100% of the money donated would go to buying barrier materials for the border. The citizens of Texas are a very proud people. Seeing something that is being done by their Governor and elected officials to protect not only their state but also the entire country, I am convinced that Texans will donate not only money and supplies, but also their time. There would be volunteers who could travel down to the border, get organized with the help of the Texas National Guard Engineering unit and help build the barricades.

Create “Field Legal Teams.” These teams would consist of Judges, Prosecutors and Public Defenders who conduct trials at the camps that the Illegals will be housed in. The goal is to expedite all trials, and keep the Illegals incarcerated the whole time. No more catch and release.

Part 4: Roundup

A. Using internal Guard assets, the securing of the border can begin immediately while using Texas Law Enforcement for round-up and arrest authority. As soon as the processing and deportation facilities are ready, transfer all non-violent Illegals to them immediately. As part of in-processing, full biometric data would be taken from each illegal and cross-checked across all systems available to law enforcement. The information would be stored in a database available to all law enforcement agencies in the United States. Any Illegal caught with a criminal past will be segregated and await trial.

For first time offenders: As soon as the trial is over deport them back to their country of origin, if possible. If they are Mexican, it’s preferable that they be sent deep into the country, instead of right on the border.

Note: If Texas is not allowed to deport them, then they will stay in the processing and holding facilities participating in State-mandated work projects until the Federal Government decides to deport them. If the Federal Government tries to transport them anywhere but back to their home of origin then they will be stopped by State Troopers or County Sheriffs and returned to the facility. According to 8 USC § 1324 (a)(1)(A), putting an illegal alien “in a car, bus or plane and transporting them to another location is deemed ‘alien smuggling’ and is a crime.”

Second time offender with no criminal past: Since it is a federal crime to do it more than once they will be sentenced to 3 years. They will not be sent to prison, but will be transferred to work camps where they will be used to help build the barrier along the border to offset the cost of their illegal activity.

Illegal with criminal background: Will be sentenced to 7 years at prisons that are set up as farms, or any other work project sponsored by the State just like they have in this Colorado examplethis example, or in Arizona.

Note: For all those who will claim I am encouraging “slavery” or “racist” in order to get an emotional Saul Alinsky-style personal attack against me to discredit this whole document:

“Rule 5: Ridicule is man’s most potent weapon. It’s hard to counterattack ridicule, and it infuriates the opposition, which then reacts to your advantage.” Saul Alinsky: Rules for Radicals.

The 13th Amendment states:

Section 1:

“Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

B. Anchor Babies – Just because Texas can’t repeal the 14th Amendment and get rid of the “Anchor Baby” problem doesn’t mean they don’t have options:

Give the mother the option of either taking the baby with its citizenship papers back to their home country, or she can give the baby up for adoption and be returned to her home country.

Let the baby (who is now a naturalized citizen) and one parent stay in Texas. Once they get out of the hospital and it’s safe for the Baby and Momma to travel, they can be driven to the Texas border and given a bus ticket (the best suggestion I heard was to Washington D.C., but an equally good location is anywhere in Southern California, because they are so welcoming to the illegal immigrants), and make sure they get on the bus and stay on it, until it drives away and leaves the state. They don’t have to go all the way to their final destination, they can get off anywhere along the route that they choose. (Not the best option, because technically this could be considered “Alien Smuggling”.)

C. A roundup would begin by law enforcement targeting Illegals who are already in the state. Any illegal that popped up on the radar would have to be reported to the authorities upon risk of severe fines, penalties or legal action (see Part 1 and the new laws). The Governor would order county sheriffs and state patrol to pull over and arrest any federal entity trying to transport Illegals out of the state.

A lot of people will say that National Guard troops have no authority and refer to Posse Comitatus, but the U.S. Constitution says in Article IV, Section 4

“[t]he United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

What is a state to do, when the United States is not only failing at their Constitutional responsibilities, but actively encouraging the swarm of Illegals who are coming through?

Well, Article I, Section 10, of the answers that:

“[n]o State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace … or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

Notice the last part, “Unless actually invaded, or in such imminent Danger as will not admit of delay.” So the troops brought in could be legally used for defense of the border which would include detaining and transporting people illegally entering the country/state.

A second option would be to have a deputy/reserve deputy/state trooper with each element to provide the legal foundation for any arrest. In some places local Law Enforcement is already creating partnerships by calling up their Reserve Deputies and cooperating with local ranchers and volunteers to help patrol the vast distances.

Part 5: Border

The problem with building any kind of barrier along the border is that there are many different owners of the land (farmers, ranchers), state land, and federal property. Each of these different sections of land have different sets of problems.

Private Land

The Goal is become partners with the landowners who are suffering heavily due to all the issues of having such an open border. Pay them fair value for a strip right along the border. For those who for whatever reason refuse to sell, the Attorney General can get easement rights by using Texas State Eminent Domain:

Texas State Constitution:


(a) No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for…

(c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house.

(d) When a person’s property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.

Federal Land

This is where it gets a little tricky and why I spoke about Nullification in the beginning. Much of the federal land has been deemed sanctuaries for endangered cockroaches or other equally important animals. You will never get approval for building the barrier by going through the proper channels. Environmental Impact Studies take years and it will get bogged downed by the layers of bureaucracies.

So don’t ask, just take it by force. Have county Sheriffs and State Patrol on hand to deal with any federal agents that try to put a stop to it. Whatever you do, don’t stop working. If the federal agent causes too much of a problem, the County Sheriff can arrest them and after they have had time to cool off, they can be removed from Texas soil. There are numerous cases of the Federal Government backing down when faced with citizens who stand up – how much faster will they back down when faced with the entire state of Texas! They may take Texas to court, which will take years, but in the meantime the barrier will go up, and the flood of Illegals will cease.

Part 6: Security

Army National Guard: Soldiers and their equipment (armored vehicles, personal, light, heavy and indirect weapons) will be used for patrol operations along the border and will pull security operations along sections where the barrier is being constructed. They will be responsible for QRF and supporting fires, and be able to return fire with adequate weapons to meet anything that the Cartels/Coyotes/Mexican military will throw at them.

Engineering units: Soldiers and internal assets will transport their equipment to the border and begin construction on the barrier.

SF/LRS: Conduct SR and surveillance along sections of the border designated high risk by the fusion centers. SF teams can also conduct interdiction or any unconventional-style operations.

Air National Guard/Air assets: Apaches and Lokota helicopters can be used for security over watch and reconnaissance operations.

ISR will focus on the border in the more rugged terrain. It can be controlled from the fusion center or on the ground and be used to direct ground element to illegal aliens moving across the border.

Airlift: Can be used to resupply out stations and transport personnel and equipment wherever they are needed.

Fighter: Depending on capability they can also be used for surveillance and presence patrols as needed.

Texas State Guard: Can be used for securing local residents property, construction and support of operations wherever it is needed.

Part 7: Returning Freedom and Liberty

The military portion of this operation will only be used until the barrier is built and the Border Patrol and Law Enforcement are able to manage and adequately secure the border on their own.

Once the border is secure, the state will demand the Border Patrol take down their Border Check points 60-100 miles within the state. They will be taken down because they are no longer needed as the border is secure and they are harassing Texas and U.S. Citizens, limiting their movements and infringing on their Constitutional Rights.

U.S. Constitution AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Texas State Constitution

Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.


I’m not a lawyer, constitutional scholar or a politician. I’m a simple man who sacrificed 20 years of his life defending the country I love so much. As an American citizen, I now realize that nobody in Washington truly cares about the security at our borders or the people suffering under the crime and oppression. They don’t care about the BP and Law Enforcement who are overwhelmed trying to do their sworn duty to protect the people of their district or this country.

Nobody in Washington cares about the Illegal aliens who have heard if they just make it to America they will be OK, so they risk everything and put themselves or their children into the hands of the psychopathic human traffickers who rape, murder, enslave and abuse them.

The politicians in Washington (I’m talking about Republicans and Democrats) don’t see, or if they do, they don’t care about, the damage being done to the people, they just see it as a game, a way to gather more power for themselves or their party. They see it as an issue that can be manipulated to either continue the power they have, or as a stepping stone to even greater power and control.

If the Politicians truly wanted to secure our country and defend the people of this nation they could have done it years ago, but have willfully and repeatedly chosen not to.

I’m calling on the leaders and the people of the great State of Texas to please stand up and protect and defend not just the people of Texas, but everyone in the United States of America. You are a beacon to all freedom-loving people all over the United States and truly are our last and only hope.

Due to the failures of our representatives in Washington who think it’s more important to go on vacation while America burns, I implore you, the People of Texas, stand up and shoulder the burden. Protect us when our Federal Government refuses to. You have been blessed, so please stand up, put yourselves in the breach, and tell Washington you’ve had enough of their corruption, enough of their inactivity and our standing up, moving to the front, putting your shoulder to your shield and declaring, not one more.

Not one more Illegal crossing our sovereign border.

Not one more American killed or raped by someone who shouldn’t be here in the first place.

Not one more abuse by a corrupt Government who has forgotten that they have sworn an oath to protect and defend.

If not Texas, then who?

This article and some of the research was contributed to by members of the SOFREP Team Room. The SOFREP Team Room is diverse group of civilians and military professionals from a variety of backgrounds and beliefs. It’s one of the few places on the Internet where the right and left intersect to have intelligent discussion and debate on a variety of topics.  If you’re interested in becoming a member of our Team Room community please click here to learn more. 

(Featured Image Courtesy: Inquisitr)

About the Author

is a 16-year veteran with the Special Forces. He served in 10th SFG (A) on a Mountain Team, 3rd SFG (A) on Mobility Team, and in a Special Forces DA company. He retired as an instructor in the Special Forces Advanced Mountain Operations School. He deployed twice to Kosovo, the first time in 1999, eight days after the air war ended, and was there for his second trip during 9/11. Between April of 2002 to May of 2009 he deployed five times to Afghanistan and twice to Iraq. Loren started his Special Forces career as an 18E and in 2008 graduated the SF Intel Sgt's Course and became an 18F. He is a graduate of SFARTAETC, SF Mountain School, Jumpmaster, and multiple civilian mountaineering-related schools.

To comment on this article please join/login. Here's a sample of the comments on this post.

  • Waterborne

  • LadyHW

    For Jaycel Adkins  and lorenkschofield Loren Schofield  Here is a link to 1.5 hour long discussion hosted by the Heritage Foundation about Immigration and border issue. It was covered by C-Span.  Here is a link to the full panel discussion, Jim Carifano, Rich Lowrey,  Temple Law-Prof Ting, Kelly Ann Conway (polster), and Gov Rick Perry (who speaks about 1 hour in).  Link:  full coverage, unedited:

  • CarpeNoctem

    Recon6 Waterborne doesn't take much 6

  • Recon6

    Jaycel Adkins LadyHW Loren Schofield Coriolanus rec'd +1  outstanding JA.....6

  • Jaycel Adkins

    LadyHW Jaycel Adkins Loren Schofield Coriolanus The parameters of the scenario appear to be a bit more broad than just 'social media insurgency and agitation' to include how to not light matches in gas filled rooms.  A 'Hearts and Minds' approach to the Ferguson scenario (which can very easily be replicated in the border areas with anyone who has a bit of an imagination) would make for a compelling article.  Some interesting places to start: There is an article that you google titled 'Veterans on Ferguson' as well. When I linked to it, it brought the entire twitter stream into my comment making it obnoxiously long.