Governor Abbott’s remarks came in the wake of a Supreme Court decision that sanctioned the Border Patrol’s action to dismantle or trim the razor wire placed by Texas along the border with Mexico.
Abbott articulated his position, stating, “The federal government has reneged on its foundational agreement with the States. The United States’ Executive Branch is constitutionally obligated to enforce federal laws that safeguard States, including existing immigration statutes.” He further accused President Joe Biden of neglecting his presidential duty to enforce immigration laws as set by Congress.
Mediaite reported that Abbott criticized President Biden for directing his administration to disregard federal laws mandating the detention of undocumented immigrants. Abbott referenced the foresight of U.S. Constitution framers like James Madison and Alexander Hamilton, who anticipated scenarios where States would need protection from a noncompliant president failing to address external threats, such as the illegal immigration facilitated by cartels.
For nearly two years, Governor Abbott has been pushing the limits of state versus federal jurisdiction in matters of border control and immigration enforcement. This initiative, led by Texas Attorney General Ken Paxton, began hinting at a formal declaration of a “border invasion” as early as April 2022. In September, following a November letter to President Biden, Abbott officially declared this invasion, citing Texas’ constitutional right to engage in war in such circumstances.
Since this declaration, Abbott has been progressively expanding the border enforcement roles of both the Texas Department of Public Safety and the Texas National Guard. He emphasizes that this expansion is grounded in constitutional authority for a state to defend itself against invasion.
In his latest statement, Abbott firmly asserted, “This authority is the highest law in the country, overriding any conflicting federal laws.”
This escalation of state-level action has led to numerous legal disputes, particularly regarding Operation Lone Star, Abbott’s initiative to bolster Texas’ authority over immigration enforcement. While the U.S. Supreme Court allowed the removal of the razor wire installed by Texas, it did not delve into other contentious aspects of the ongoing tension between state and federal agencies.
Recently, Texas authorities took control of a public park along the Rio Grande in Eagle Pass, utilizing Texas National Guard troops to restrict Border Patrol access. In response, Democratic Representatives Joaquin Castro and Greg Casar from Texas have urged President Biden to assume command of the Texas National Guard, particularly if Governor Abbott defies the Supreme Court’s rulings.
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