President Joe Biden is facing pressure from members of his own party to take control of the Texas National Guard that Republican Gov. Greg Abbott has deployed to the state's southern border. Experts told the Daily Caller News Foundation that if Biden did so, the conflict between the federal government and the Texas government would greatly escalate.

Democratic Texas Representatives Joaquin Castro and Greg Casar prompted Biden sought to take control of the National Guard on Wednesday as the Texas government refuses to withdraw from southern border operations. Military law experts told DCNF that Biden could do so, but there are limits to what the president can do. (Related: What the Biden White House conveniently omits in its latest border security story)

The Supreme Court ruled Monday that federal authorities can remove the bellows of wire that Texas installed along the U.S.-Mexico border to deter illegal border crossings. The state continues to install more wires at Shelby Park in Eagle Pass, Texas, where the state took control earlier this month.

The Biden administration has asked Texas to abandon Shelby Park, but the state has refused.

The problem with Biden taking control of the National Guard troops deployed by Abbott is that it could violate the National Guard Commission. activityprohibits the use of military for civil law enforcement missions, defense attorney Davis Younts told DCNF.

“All members of the Texas National Guard are also part of the U.S. military, but they can be federalized for a variety of reasons,” Yonts said.

“You can't specifically target law enforcement. When you hear them start saying things like, 'Oh, Biden should introduce federalism,' it's like responding to jelly. Okay, but what is the purpose? ” Yontz said.

Yonts added that Congress could step in to limit Biden's efforts to take federal control of the military deployed by Abbott.

“Another issue is that Congress could intervene under the continuing resolution or over the next funding bill. We don't have the money to bring in the federal government to help,” Yontz said.

“So I think there are still some interesting battles to be fought from a funding standpoint, because everything the National Guard does has to be funded, whether it's federal funds or state funds, and that includes “Because there needs to be some kind of appropriation and restriction. I'm interested in what that mission is and how they justify it,” Yontz said.

Pentagon officials and St. Mary's University law professor Jeffrey Addicott told DCNF that if Biden were to take action, he would be motivated by political objectives.

The move would “inject politics” into military operations, but “the Department of Defense doesn't really want to be involved in that,” a Pentagon official, who was granted anonymity because he was not authorized to speak publicly, told DCNF. Told. The chance of that happening “seems very unlikely,” the official said.

“The last thing that was done in a meaningful way was, of course, the issue of desegregation. Most of us agreed with what was happening in terms of recognizing desegregation here as well.” said Addicott.

The Texas Department of Military Affairs more More than 1,000 military personnel have been deployed to Abbott's border mission, and the company is currently recruiting more volunteers to join the effort.

Addicott explained that if Biden wanted to send troops to the border for law enforcement purposes, he could frame it as a foreign conflict issue.

“You could say this is not a domestic issue because illegal aliens are not U.S. citizens. They are invading our country. They are breaking the law. They are crossing the border illegally. So the National Guard could be federalized for border security,” Addicott said.

“That would be an act under the Insurrection Act. The president has the authority,” Addicott said. “To do that, he would have to acknowledge that they are coming across the border illegally, and then he would say we need more help to protect the border. But of course, if the border is secured This is kind of hypocritical because he himself admits that it hasn't been done.”

Illegal immigration has reached record levels in recent years, with Border Patrol recording more than 2.2 million encounters with immigrants illegally crossing the southern border in fiscal year 2022 and more than 2 million in fiscal year 2023.

December was the worst month on record, with more than 300,000 encounters with illegal immigrants. according to On Fox News.

The Pentagon, White House and spokesperson Abbott did not immediately respond to DCNF's requests for comment.

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