I want to see if Perry is still mobilizing the National Guard (still in service as the Texas state militia) on the border? That is the real issue here.

If the President calls to federal mobilization the Texas National Guard the state militia would become active federalised US Army -- subject to the Posse Comitatus Act. The US Border Patrol are a federal police force ... Only using the National Guard in a support role for the federal police is permitted by the Posse Comitatus Act.

Quote:

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. -Title 18, U.S. Code, Section 1385

Rick Perry just stepped in in own shit and will get burned.