Presenting CHL at Texas/Mexico border crossing

[age_ranger]

Well, I have an answer on what to expect from TBP for anyone interested.

I was traveling into Mexico on business and had brought the normal hand tools and equipment. No ammo or weapons. Totally legit with all the correct work permits and such. I completed the maintenance and headed back to the US border from Reynosa, Mex. At the border I wasn't sure if I should show my CHL, so I thought it would be better to show than not. I was fairly certain that I didn't have to unless I was carrying, but figured, what the heck..............

The Border Patrol officer wasn't sure what to do. Didn't know the procedure on it and went the extra step to find out. He was very nice and got all the answers. In the future, I do NOT need to show a CHL when asked for ID at the border.

I will add that after a brief vehicle search I was released and informed very nicely that no weapons or ammo is to cross the border to/from Mexico. I knew already, but it was a polite reminder.


Just wanted to share. I go over a a few times every couple of months so it was good info to know.

[Diode]

In the future, I do NOT need to show a CHL when asked for ID at the border.

Correct, because your not carrying.

[KBCraig]

In the future, I do NOT need to show a CHL when asked for ID at the border.

Correct, because your not carrying.

Not to mention, BP officers are not Peace Officers under Texas law. Even if one of them demanded ID from you while you were carrying (at, say, an interior checkpoint), you're under no obligation to inform, nor to present your CHL.

Kevin

[age_ranger]

Wow, I didn't know that BP weren't peace officers. One less thing to wonder about.

[Diode]

In the future, I do NOT need to show a CHL when asked for ID at the border.

Correct, because your not carrying.

Not to mention, BP officers are not Peace Officers under Texas law. Even if one of them demanded ID from you while you were carrying (at, say, an interior checkpoint), you're under no obligation to inform, nor to present your CHL.

Kevin

Ok, didn't know that! So Border Patrol is more like a security guard? that's just plain weird

[txinvestigator]

In the future, I do NOT need to show a CHL when asked for ID at the border.

Correct, because your not carrying.

Not to mention, BP officers are not Peace Officers under Texas law. Even if one of them demanded ID from you while you were carrying (at, say, an interior checkpoint), you're under no obligation to inform, nor to present your CHL.

Kevin

Ok, didn't know that! So Border Patrol is more like a security guard? that's just plain weird

No, they are Federal Law Enforcement Officers (FLEO) and have full authority under federal law.

The Texas Code of Criminal Procedures lists who are Peace Officers. Federal Agents are not Peace Officers, but ARE designated Special Investigators under Texas law.

BPAs as Special investigators, can enforce Texas felonies in addition to federal law.

They also have a special provision of;



(c) A customs inspector of the United States Customs Service or a border patrolman or immigration officer of the United States
Department of Justice is not a peace officer under the laws of this
state but, on the premises of a port facility designated by the
commissioner of the United States Immigration and Naturalization
Service as a port of entry for arrival in the United States by land
transportation from the United Mexican States into the State of
Texas or at a permanent established border patrol traffic check point,
has the authority to detain a person pending transfer without
unnecessary delay to a peace officer if the inspector, patrolman, or
officer has probable cause to believe that the person has engaged in
conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08,
Penal Code, regardless of whether the violation may be disposed of in
a criminal proceeding or a juvenile justice proceeding.

49.02 =Public Intox
49.04= DWI
49.07=intox assault
49.08=intox manslaughter

Since BPAs are not Peace Officers you are under no obligation to display your CHL to one, as Diode pointed out


On a related note, many people do not know that Texas Peace Officers cannot enforce federal laws. That means Texas LEO's cannot arrest or hold a person for immigration violations.

[stevie_d_64]

On a related note, many people do not know that Texas Peace Officers cannot enforce federal laws. That means Texas LEO's cannot arrest or hold a person for immigration violations.

But wouldn't it be just peachy if we could make it "enforcable" by state Law Enforcement to be in a particular state "illegally" from another country, etc etc...

I think thats what they did in Maricopa County, Az.

Just at the state level...If the Feds catch them [snicker], so be it...But if the local deputy/officer catches them, bingo...They go right into the state system...If no other crime was committed, other than them getting caught...I would think a fast track bus ride to the nearest point of EXIT would be most appropriate...

But what do I know...

I'd rather spend the money on some signs in spanish that basically say "Mines" "Turn Around"...And leave it at that...Have the BP toss a couple of flashbangs out the windows of the trucks every now and then while they are patroling, and let the psychological effect of that low cost system see if it really curbs the traffic...

But what do I know...

Heck, if the Chinese can build a wall to keep the mongols out...We got to be able to do one better than that I suppose...

[txinvestigator]

On a related note, many people do not know that Texas Peace Officers cannot enforce federal laws. That means Texas LEO's cannot arrest or hold a person for immigration violations.

But wouldn't it be just peachy if we could make it "enforcable" by state Law Enforcement to be in a particular state "illegally" from another country, etc etc...

I think thats what they did in Maricopa County, Az.

Just at the state level...If the Feds catch them [snicker], so be it...But if the local deputy/officer catches them, bingo...They go right into the state system...If no other crime was committed, other than them getting caught...I would think a fast track bus ride to the nearest point of EXIT would be most appropriate...

But what do I know...

I'd rather spend the money on some signs in spanish that basically say "Mines" "Turn Around"...And leave it at that...Have the BP toss a couple of flashbangs out the windows of the trucks every now and then while they are patroling, and let the psychological effect of that low cost system see if it really curbs the traffic...

But what do I know...

Heck, if the Chinese can build a wall to keep the mongols out...We got to be able to do one better than that I suppose...

I am all for new legislation that would allow Texas LEO's to enforce particular Federal Law. I think there is a provision in Federal law to allow states to do that.

I am also in favor of Texas legislation to make being an illegal a state crime.

[jbirds1210]

I am also in favor of Texas legislation to make being an illegal a state crime.

That would make working for the Houston Police Department a pretty tough chore I wonder if that would squash the current "don't ask, don't tell" immigration policy? I also with that it were a state crime, but to what extent do you feel it would be enforced?
Jason

[Skipper5]

just pass a law that Sheriff Joe Arpaio has jurisdiction over all USA borders and guarantee that we'll see more 'pink flamingos' than in all the zoos in the USA!!!

ha....Maricopa County Sheriff ....quite a guy who gets stuff done!