Arrr! Texas be keepin' the border safe, mateys! The Supreme Court be no match for 'em scallywags!
2024-01-27
Arr, me hearties! Tis a mighty mess with th' Supreme Court's latest decree 'bout sealin' Texas' southern shores! Avast! Hear me now, and ye shall know the truth o' this chaotic tale, and what be the future hold for us scallywags!
Critics, like Rep. Veronica Escobar, claim that Texas Governor Greg Abbott's plan to secure the border with barbed wire is "unconstitutional" and violates the Supreme Court's order. However, there has been no such finding by the Supreme Court, and the order does not prevent the governor from trying to protect Texans from illegal border crossings.The lawsuit was initiated by Texas against the Biden administration after the Border Patrol started destroying the barbed wire barriers that Texas had placed along the Eagle Pass crossing. Texas argued that the federal government was trespassing and destroying its property. The federal district court ruled in favor of Texas, highlighting the government's failure to enforce immigration law and criticizing the Biden administration for seeking judicial approval of practices that contravene statutory obligations and require the destruction of Texas' property.
While the district court refused to issue an injunction, believing the federal government had immunity from suit, the U.S. Court of Appeals for the 5th Circuit disagreed and issued an injunction against the federal government, allowing them to cut or move the wire only in case of a medical emergency. The Biden administration then appealed to the Supreme Court, which vacated the injunction without making a decision on the case's merits.
The Supreme Court's order does not prevent Texas from continuing to place barriers on state or private property. However, the federal government can still tear down the wire fencing. Texas's placement of a barbed-wire barrier has been effective, as illegal border crossings dropped significantly. The district court found evidence of federal agents cutting holes in the fence and installing climbing ropes to aid illegal crossings.
Despite the Supreme Court's order, Texas has a strong chance of winning the case on its merits. Texas is not interfering with federal immigration law enforcement but rather protecting its property. Additionally, state laws are not preempted by federal immigration law unless they contravene it, and there is no provision explicitly prohibiting the state from erecting barriers on private property. The Biden administration's actions in this case aim to prevent the enforcement of federal immigration laws.
The case is ongoing, and hopefully, Texas will ultimately win. If not, illegal border crossings will continue, and the Biden administration seems unconcerned about that.