Hmm, more to the story methinks?
http://tennessean.com/apps/pbcs.dll/article?AID=/20070121/NEWS01/701210386/1006/NEWS
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"They were to pull back, contact the border patrol and the border patrol would come and make the needed apprehension or investigate the situation. The Tennessee National Guardsmen are not there as law enforcement."
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They contacted the U.S. Customs and Border Protection Office, which sent an airplane over the site and a five-member ground unit, according to the summary. The unknown men were tracked back into Mexico, the document reads.
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