Borders and Legal Battles: Texas vs the Federal Government Over Immigration and Border Security
Illegal immigration remains one of the top political issues for many Americans. Prompting many to wonder about the balance of power between the state and the federal government.
Alfred Abramson
Jan 8, 2024
https://www.wrongspeakpublishing.com/p/b...tm_medium=email


Context

As the migrant crisis rapidly grew, many of the border states found themselves struggling to manage the sheer number of migrants illegally crossing the U.S. border. In response to this crisis and to what is seen as inaction on the part of the federal government, states like Texas, Arizona, and Florida began busing migrants to different parts of the country, primarily to cities that have maintained themselves as “sanctuary cities'' for migrants regardless of the legality of how they arrived in the U.S. This busing strategy has continued today as cities like New York struggle with handling the mass influx of migrants.

Frustrated with what they saw as the federal government failing in its duties, Texas and Arizona have launched their lawsuits and have, in turn, been sued by the federal government for immigration enforcement policies that the federal government claims go beyond state authority. These legal battles, specifically over immigration, have been ever-present since 2012.
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John Moore | Getty Images| Fox10 Phoenix
The reality on the ground

What happens when a migrant crosses the border illegally? First, they are apprehended by authorities and are taken for initial processing; this is what we see when border patrol agents allow or assist migrants in crawling under or over barriers instead of stopping migrants from crossing; border patrol only has the authority to apprehend migrants who cross, not to prevent them from physically crossing. When taken to detention facilities, the length of time they spend varies. Some wait up to a year or more, while others are released into the U.S. with the understanding that they will be present for their court date, which is often scheduled a year or more out. Asylum declaration adds another layer to this process as one can claim they are in fear for their life and, over a period, will be screened and interviewed about their claims. However, migrants who seek asylum are released by federal authorities while their asylum request is pending. This system may be able to handle small numbers of migrants, but with thousands of people crossing the border, the current system is overwhelmed.
United States Supreme Court Building with columns and steps Description automatically generated
NAACP
The Legal Battle

Texas has sued the federal government over removing sections of the Texas border barrier. Attorney General Ken Paxton's lawsuit contends that the Biden administration's dismantling of the Texas border barrier infringes upon the state's rights. Attorney General Paxton has appealed to a federal judge's decision that ruled in favor of the federal government. On January 3rd, The Department of Justice (DOJ) launched its lawsuit against Texas under the Biden administration. The federal lawsuit challenges Texas' new border security law, which allows Texas authorities to arrest or detain anyone suspected of illegally crossing the U.S. border. In their lawsuit, the DOJ cites the Supremacy Clause of the U.S. Constitution. This clause establishes federal laws as the supreme law of the land, raising questions about the limits of state authority in matters that intersect with federal jurisdiction and policy. The Biden administration also argues that states do not have the right to establish their own immigration policy and enforcement. -- excerpt, rest at link above --

Texas Authorities Begin Arresting Illegal Immigrants at Southern Border
https://townhall.com/tipsheet/madelinele...border-n2633881
Madeline Leesman
| January 20, 2024 5:45 PM


Texas authorities have begun arresting illegal immigrants crossing the U.S.-Mexico border illegally in Eagle Pass, according to multiple reports.

This week, Texas Department of Public Safety Spokesman Chris Olivarez shared on X that illegal immigrants would be arrested going forward.

“Under the authority of Gov. @GregAbbott_TX’s Border Disaster Declaration, @TxDPS Troopers are arresting illegal immigrants for criminal trespass at #ShelbyPark in Eagle Pass,” he wrote. “Troopers are enforcing criminal trespass on single adult men & women. The State of #Texas will maintain a proactive posture in curbing illegal border crossings between the ports of entry.”

Under the authority of Gov. @GregAbbott_TX’s Border Disaster Declaration, @TxDPS Troopers are arresting illegal immigrants for criminal trespass at #ShelbyPark in Eagle Pass. Troopers are enforcing criminal trespass on single adult men & women. The State of #Texas will maintain a… pic.twitter.com/EuRhYDNYLH
— Chris Olivarez (@LtChrisOlivarez) January 18, 2024

A huge change in procedure in Eagle Pass. Texas is now immediately arresting migrants if they cross the razor wire in Shelby Park. For years, migrants could walk right in, be processed by Border Patrol and released. pic.twitter.com/Z70xsUDmuN
— Matt Finn (@MattFinnFNC) January 19, 2024

Late last month, Townhall covered how the Biden administration warned Texas that it will sue the state if it implemented the law.
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"Because SB 4 is unconstitutional and will disrupt the federal government's operations, we request that Texas forbear in its enforcement," Principal Deputy Assistant Attorney General Brian Boynton said in a letter to Texas Gov. Greg Abbott.

If Texas did not heed the Biden administration's demand, "the United States intends to file suit to enjoin the enforcement of SB 4," Boynton warned.

In response, Abbott stated that the Biden administration “refuses” to enforce immigration laws.

“The Biden Admin. not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration,” Abbott wrote. “I’ve never seen such hostility to the rule of law in America. Biden is destroying America. Texas is trying to save it.”-- excerpt, rest at link above --

Quote: Isailedaway wrote in post #5

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Citizen Free Press@CitizenFreePres

Congressman Clay Higgins responds to Supreme Court ruling:

"The feds are staging a civil war and Texas should stand their ground.”

https://gov.texas.gov/uploads/files/press/Border_Statement_1.24.2024.pdf

Texas Defies SCOTUS, Erects More Fencing
SMG News Wire
January 23, 2024
https://www.toddstarnes.com/values/texas...s-more-fencing/



UPDATE: In response to the Supreme Court ruling, the Texas National Guard is now erecting even more razor wire at the border.

Gov. Greg Abbott praised the National Guard’s efforts to stop the illegal alien invasion.

“The Texas National Guard continues to hold the line in Eagle Pass. Texas will not back down from our efforts to secure the border in Biden’s absence,” the governor wrote on X.

The Texas Military Dept. said they continue to hold the line in Shelby Park and are preventing illegals from stepping foot on American soil.

“We remain resolute in our actions to secure our border, preserve the rule of law, and protect the sovereignty of our State,” the agency said.
Rep. Roy Tells Texas to Disobey Ruling

Rep. Chip Roy (R-TX) said lawmakers and law enforcement should ignore the Supreme Court ruling.

“They have a duty under the Constitution … and every other norm of leadership of any sovereign state, to protect your citizens, period, full stop. There is no exception to that,” Roy told Fox News Digital on Tuesday. “And if the Supreme Court wants to ignore that truth, which a slim majority did, Texas still had the duty, Texas leaders still have the duty, to defend their people.”

Roy called it a brazen violation of the security and welfare of Texans.

“It’s like, if someone’s breaking into your house, and the court says ‘Oh, sorry. You can’t defend yourself.’ What do you tell the court?” Roy said. “You tell the court to go to hell, you defend yourself and then figure it out later.”-- excerpt, rest at link above --

LIVE SHOW: Convoy of Truckers Headed to Texas, Border States
Grace Baker
January 24, 2024
https://www.toddstarnes.com/video/live-s...content=firefly

JUST IN: A convoy of truckers is headed to the Texas border. We talk with the organizers today. Watch my show live below. CLICK HERE to get Todd’s free newsletter for conservative news.

OKLAHOMA: We Stand With Texas
Todd Starnes
January 24, 2024
https://www.toddstarnes.com/crime/oklaho...content=firefly


DEVELOPING STORY: Oklahoma has become the first state to publicly affirm their support of Texas in the state’s standoff with the federal government over border security.

“Oklahoma stands with Texas,” Gov. Kevin Stitt wrote Wednesday on X.

The Texas National Guard has continued to erect border fencing, razor wire and barricades in an effort to stop illegals from invading the Lone Star State. The state military doubled down after the Supreme Court ruled that the Biden Administration was within its rights to tear down the barriers.

Texas Gov. Greg Abbott issued a declaration Wednesday afternoon affirming the state’s constitutional right to self-defense.

He accused President Biden of failing to enforce and violating immigration laws already on the books.

“President Biden has ignored Texas’s demand that he perform his constitutional duties,” Abbott wrote in a letter declaring that the state had been invaded. -- excerpt, rest at link above --