U.S. Troops are inside the Border Patrol's holding facility in Donna, Texas and are monitoring migrants from just a few feet away, NBC News is reporting.
The news network attributed the information to two current and two former defense officials. And it said the move comes despite past assurances from federal officials that active-duty troops would not be in direct contact with migrants or used for law enforcement.
NBC News said the troops stand watch on raised platforms in the room where migrants are held. The unarmed troops are supposed to refer problems to Border Patrol officials and are not supposed to interact with the migrants. However, they are allowed to respond to incidents where immediate medical attention is required.
Active-duty troops are prevented from performing law enforcement functions inside the U.S by a federal law enacted in 1878.
Now, Rep. John Garamendi, D-Calif., chairman of the House Armed Services Committee's Subcommittee on Readiness, said the use of those troops in Texas is "teetering on the edge" of the law.
"It's not the role of the U.S. military to be a prison guard," he said. "This is certainly mission creep" and could put military service members "in a precarious legal situation."
John Cornelio, spokesperson for the military's Northern Command, said interaction with migrants "is limited as much as possible."
"At the Donna Facility specifically, unarmed military personnel monitor the migrants for signs of medical distress, possibility for unrest, unusual behavior and unresponsiveness," he said.
A defense official maintained the troops are not guarding the migrants.
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