What happens if members of the Texas National Guard who are deployed at the border see someone illegally crossing the border? They have to notify the Border Patrol to make the arrest. The Texas National Guard is part of the military, and members of the military cannot generally arrest anyone. They are allowed to detain the individual for no more than 36 hours before transferring custody to federal officials. The Texas National Guard has a custodial arrangement with federal law enforcement agencies. They catch the individual and then release the individual on the other side of the border. The Texas National Guard is responsible for implementing the program known as "catch and release." They issue an audible warning to stop, and if the individual does not stop, they have permission to use force. There are signs posted along the border that it is a live fire area