Former President Donald Trump acknowledged the flow of illegal immigrants and narcotics through the southern border of the United States and made the construction of a wall a priority during his presidency. During the present administration of Vice President Joe Biden, the building of the border wall was paused by the federal government, but was taken up privately by border states suffering from the increasing influx.
In July, Texas Governor Greg Abbott reviewed the United States Constitution and took matters into his own hands, directing state officials to return migrants arrested at the border. This conflicted with federal officials, who claim that immigration matters are a federal responsibility. Abbott authorized state law enforcement and sent the Texas National Guard to return migrants to the border, but did not deport them from the nation.
Abbott’s executive order directed the Texas National Guard and the Texas Department of Public Safety to seize and return to ports of entry “immigrants who cross the border between ports of entry or conduct other breaches of federal law,” all inside Texas’ boundaries. Presumably, federal officials would then assume responsibility for the situation at the port of entry. The Texas National Guard and Texas Department of Public Safety were directed to detain unlawful foreign nationals committing state crimes and illegally entering Texas between ports of entry.
Abbott also stated at same time that Operation Lone Star will receive an additional $30 million to assist cities and counties in combating illegal border crossing-related criminal activities.
The Biden administration did not support the governor’s efforts in his state and cast doubt on his immigration authority. Elliott has responded.
On November 16, Governor Abbott sent a letter to President Joe Biden informing him that Texas was increasing its border security efforts by invoking Article I, Section 10, Clause 3 of the United States Constitution, allowing his state to “protect its own territory against invasion by the Mexican drug cartels.”
In the letter sent last week, the governor also claimed that Biden had opened “our border to this record-breaking level of illegal immigration” in violation of Article IV, Section 4 of the U.S. Constitution, according to Just The News.
“Your sustained dereliction of duty compels Texas to invoke the powers reserved in Article I, § 10, Clause 3, which represents ‘an acknowledgment of the States’ sovereign interest in protecting their borders,’” Abbott wrote, citing the late Supreme Court Justice Antonin Scalia in Arizona v. US.
Abbott said that the nation’s founders were aware that a future president “could abdicate his duty to protect the United States against an enormous influx of illegal immigrants.”
“They foresaw your failures. In the more than 240 years of our great nation, no Administration has done more than yours to place the States in ‘imminent Danger’ – a direct result of your policy decisions and refusal to deliver on the Article IV, § 4 guarantee,” he added. “In the absence of action by your Administration to secure the border, every act by Texas officials is taken pursuant to the authority that the Founders recognized in Article I, § 10, Clause 3.”
More on this story via The Republic Brief:
Abbott vowed that Texas would “escalate our efforts to repel and turn back any immigrant who seeks to enter our State at a border crossing that Congress has designated as illegal; to return to the border those who do cross illegally; and to arrest criminals who violate Texas law.” CONTINUE READING…