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Texas Governor Gregg Abbott shakes hands with a U.S. Soldier after a news conference near the International Bridge between Mexico and the U.S., where migrants seeking asylum in the U.S. are waiting to be processed, in Del Rio, Texas, U.S., September 21, 2021.
Texas doubles down on border challenge to Federal government
A major constitutional crisis is brewing down south as Texas Gov. Gregg Abbott bucks the Supreme Court, forcing a confrontation between the state and federal government over who controls the US-Mexico border.
Earlier this week, the Supreme Court ruled that the Biden administration had the right to clear razor wire that local Texas authorities had installed along the border. Abbott has also taken his own measures to police crossings of the Rio Grande and even used the Texas National Guard to block federal agents from entering the area.
On Wednesday, Abbott released a statement declaring that despite the Supreme Court ruling, the Lone Star State will take control of deterring migration along its border with Mexico. In effect, he is defying the Supreme Court.
Although the US president technically controls the National Guard and the federal government has jurisdiction over border security, Abbott argues that states have a constitutional right to defend themselves against an invasion, which is how he and his supporters see recent record-high levels of undocumented immigration.
A state bill allowing Texas to detain and deport migrants back to Mexico is set to take effect in March, although the Justice Department and ACLU have both filed injunctions. The legal battles will continue, right as immigration takes center stage in the 2024 presidential race. But if Texas doesn’t back down in the face of federal and Supreme Court rulings, a deeper constitutional crisis could arise.
Texas Governor Greg Abbott
Biden challenges Texas immigration law
The Biden administration has said that it will sue Texas if it does not renounce its strict immigration law, SB4, by today.
SB4 is Gov. Greg Abbott’s latest challenge to Biden’s immigration policy, which he says fails to mitigate the surge of migrants entering at the southern border. It gives Texas officials the power to arrest, prosecute, and deport migrants suspected of entering the country illegally. In a state where 40% of the population is Latino, critics fear the legislation will lead to racial profiling.
Under the law, set to take effect in March, illegally entering Texas would range from a misdemeanor to a felony offense. State judges would be able to order migrants suspected of improper entry to return to Mexico or face second-degree felony charges. But Mexico has said it will not accept migrants returning on the orders of Texas officials.
The Constitution gives the federal government the sole authority to regulate immigration, but the Lone Star State is not poised to reverse course. SB4 would create a second immigration scheme, deny asylum to migrants fleeing persecution, and sow confusion at the border. The migrant crisis was already a political vulnerability for Biden, and Texas taking control could make him look weak heading into an election year.
Texas Governor Gregg Abbott speaks during a news conference near the International Bridge between Mexico and the U.S
Texas takes immigration into its own hands
Critics argue that the law could lead to racial profiling and wrongful arrests of US citizens and legal immigrants. Legal experts are questioning the law's constitutionality, as immigration laws can only be enforced by the federal government. Meanwhile, the American Civil Liberties Union has already vowed that they will see Gov. Abbott in court.
The law's supporters, however, argue that it is necessary due to perceived inadequacies in federal immigration enforcement. They believe the law will help protect Texans and deter illegal immigration.
Showdown looms: Whatever the stance, it is likely to trigger a high-stakes legal and political clash between the Texas government, civil rights groups, and the Biden administration. It also raises significant questions about the future balance of power between state and federal authorities in immigration enforcement at the southern border.