Rep. Tony Gonzales Introduces the Homeland Threat Response Act Ahead of Super Bowl

WASHINGTON, D.C. -- Congressman Tony Gonzales (TX-23) introduced the Homeland Threat Response Act to close a longstanding gap in federal law that creates bureaucratic and legal obstacles for U.S. Customs and Border Protection (CBP) personnel when assisting state and local law enforcement in response to critical threats and violent incidents, including mass shootings and acts of terrorism.

"When violence or terror strikes, the best-trained men and women need to be able to respond without hesitation about the bureaucratic backlash," said Congressman Tony Gonzales. "BORTAC and BORSTAR are elite units under Border Patrol that have frequently been called ?in during moments of crisis, saving many lives in the process. However, under current law, they don't have the same legal protections as their federal counterparts. My bill, the Homeland Threat Response Act, closes that gap by giving CBP clear authority and protections to assist state and local law enforcement during mass shootings, terrorist attacks, and other violent incidents. With the Super Bowl around the corner, this legislation is timelier than ever and ensures that our law enforcement can do their jobs without fear of death by paper cuts."

Background:

The United States Border Patrol Special Operations Group (SOG) serves as the tactical and crisis-response arm of the U.S. Border Patrol, which is under the command of Customs and Border Protection (CBP). The Special Operations Group includes the Border Patrol Tactical Unit (BORTAC) and the Border Patrol Search, Trauma, and Rescue (BORSTAR) Unit. These elite divisions are trained and equipped to conduct high-risk operations, including counterterrorism, hostage rescue, tactical tracking, and disaster response, both along the border and throughout the nation. Additionally, these units have historically been deployed to assist with specialized security at the Super Bowl.

Despite their extensive training and experience, SOG personnel still lack clear legal authority to assist state and local law enforcement in response to certain violent acts, shootings, and mass killings (6 U.S Code § 455). Under federal law, ICE and the Secret Service are authorized to deploy in such situations, but Border Patrol's Special Operations Group currently does not share that authority. As a result, SOG personnel have faced post-operation questioning and liability exposure, despite acting in good faith to safeguard American lives.

USBP SOG teams have supported or directly participated in several major domestic incidents, after which they were questioned or investigated regarding their legal authority to operate, including:

Solution:

Congressman Gonzales' Homeland Threat Response Act amends existing law by granting CBP and its Special Operations Group explicit legal authority to assist state and local partners in responding to violent acts, mass killings, and acts of terrorism on U.S. soil.

The Homeland Threat Response Act:

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