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Nicole Russell

Texas’ border problem just got worse, thanks to the Supreme Court, Biden | Opinion

FILE - Migrants who crossed the Rio Grande and entered the U.S. from Mexico are lined up for processing by U.S. Customs and Border Protection on Sept. 23, 2023, in Eagle Pass, Texas.
FILE - Migrants who crossed the Rio Grande and entered the U.S. from Mexico are lined up for processing by U.S. Customs and Border Protection on Sept. 23, 2023, in Eagle Pass, Texas. AP

The Texas border has been chaos since President Joe Biden took office. His policies unleashed unprecedented waves of migration into the U.S., and the surge isn’t slowing down. In one single day in mid-December, there were 12,600 Border Patrol encounters with migrants trying to enter illegally, a record number. This is too many for law enforcement officials to process.

As a deterrent, Gov. Greg Abbott has deployed more people than ever before to manage security and migrant flow, he’s signed a law that allows law enforcement to arrest migrants crossing illegally, and he’s placed physical barriers, like concertina wire, to encourage migrants to enter only at legal ports of entry.

On Monday, in a 5-4 vote, the Supreme Court released a temporary order that clears the way for the Border Patrol to cut the wires standing between Texas and Mexico.

So far, Texas officials aren’t happy about this decision. In a written statement, Abbott said that Texas has a constitutional right to self-defense thanks to the Founding Fathers’ vision that the “states should not be left to the mercy of a lawless president.”

Abbott continues: “For these reasons, I have already declared an invasion under [the U.S. Constitution] to invoke Texas’s constitutional authority to defend and protect itself. That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border.”

The Guard has also resumed putting additional concertina wire across the border.

Rep. Chip Roy posted: “I support Texas continuing to take all steps necessary to secure the border & force an end to the flow,” on X. “All members of TX Congressional delegation should oppose to any funding to DHS or any other entity facilitating this brazen violation of the security & welfare of Texans.”

Attorney General Ken Paxton, who brought the lawsuit against the Biden Administration, said something similar.

“The Supreme Court’s temporary order allows Biden to continue his illegal effort to aid the foreign invasion of America. The destruction of Texas’s border barriers will not help enforce the law or keep American citizens safe. This fight is not over, and I look forward to defending our state’s sovereignty.”

While I’m loath to agree with Paxton on much of anything, this might be one of those rare instances. Only the federal government can enforce federal immigration law. Abbott doesn’t protest this.

But with so many people allowed to enter the country, it’s clear that the federal government isn’t doing enough to enforce the law. So why can’t Texas, in its sovereignty, quell the surge with law enforcement, physical barriers and other methods?

The Biden Administration has said that the wire prevents agents from reaching migrants who have already crossed the border and dubbed it inhumane. Let’s be clear: Razor wire didn’t keep migrants from entering Texas. The wire hasn’t stopped migrants from claiming asylum. Razor wire kept migrants from entering Texas illegally. Why wouldn’t the Biden administration not only allow this but support it? Especially if its own efforts weren’t working?

The border situation is complicated, perhaps far more than most people realize. But anyone — everyone — regardless of party affiliation or immigration status, should want to prioritize the nation’s security and enforce immigration laws. All strong, sovereign, nations maintain strict border laws, especially if or when they are being repeatedly breached. Lawlessness is not kind, humane or good for America.

The Supreme Court is right to uphold the Constitution, but in times like this, when the federal government isn’t enforcing the law, and it’s quite clear they’re not, it leaves Texas with difficult choices to make.

This column was updated Wednesday afternoon to reflect current the most current statement from Gov. Greg Abbott.

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This story was originally published January 24, 2024 at 1:08 PM.

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Nicole Russell
Opinion Contributor,
Fort Worth Star-Telegram
Nicole Russell was an opinion writer at the Fort Worth Star-Telegram from 2022 to 2024.
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