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Critics such as Rep. Veronica Escobar (D-Texas) say Texas Gov. Greg Abbott’s intention to continue border security, including barbed wire, is “unconstitutional,” and the Supreme Court’s Jan. 22 It alleges that the order is being violated. they are wrong. There is no such finding by the Supreme Court, and with the tacit approval of the Biden administration, there is nothing to prevent the governor from trying to protect Texans from the wave of aliens crossing the border illegally.
The lawsuit actually alleges that the Border Patrol began tearing down barbed or concertina wire barriers the state had installed along 49 miles of Eagle Pass, one of the busiest intersections in Texas. In response, the state of Texas filed a lawsuit against the Biden administration. Texas argued that the Biden administration was trespassing and destroying Texas property because barbed wire is only installed on municipal or private land, not federal land.
The federal district court’s factual findings were all in Texas’ favor, citing the federal government’s refusal to enforce immigration laws. in fact, Texas outlined In the U.S. Supreme Court, a district court concluded that the evidence “sufficiently established that Defendants had completely failed to deter, prevent, or deter illegal entry into the United States.” The district court criticized the Biden administration for seeking to “judicially bless practices that directly violate both acts.” [federal] Fulfill your legal obligations and demand the destruction of the plaintiff’s property. ”
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However, the district court declined to issue an injunction because it believed the federal government was immune from litigation under applicable federal law. Texas appealed to the Fifth Circuit Court of Appeals, which concluded that the district court’s interpretation of the law was incorrect. The 5th Circuit on Dec. 19 suspended further appeals, with one exception: the federal government’s right to “cut or move” wires “as necessary to address a medical emergency.” issued an injunction to do so.
The Biden administration then filed an emergency appeal to the U.S. Supreme Court seeking to invalidate (rescind) the injunction. The Supreme Court issued a 5-4, two-sentence order simply vacating the injunction while the case is on appeal. This is not a decision on the merits of Texas’ claims against the federal government, and the case will continue to be litigated in lower courts.
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Importantly, there is nothing in the Supreme Court’s order that prevents Texas from continuing to erect barbed wire or other barriers at state borders or on private property. But while the lawsuit is pending, there is nothing to prevent the federal government from tearing down the wire fence.
Despite the Supreme Court’s order, Texas is likely to ultimately win the case on the merits. Contrary to the Biden administration’s claims, Texas has not interfered with the federal government’s enforcement of federal immigration laws.
So while Texas ultimately took effective steps to close its border, the Biden administration did everything in its power to remove barriers to keep the border open as part of the administration’s deliberate flooding policy. There is a possibility that there will be a fight to the fullest. A country with as many illegal immigrants as possible.
There’s no question that Texas’ barbed wire fences are working. The district court found that “the installation of the wire was so successful that illegal border crossings were reduced by more than one-third of previous levels.” The Biden administration recognizes this is an effective way to reduce and deter illegal border crossings – as Texas noted in its brief, “the federal government also [the same barbed] Wire fences to deter illegal crossings and direct migrants to legal ports of entry. ”
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However, the district court found video evidence showing that federal agents “cut multiple holes in the bellows wire for no apparent purpose other than to allow migrants to enter the country more inland.” did. The video showed them not only cutting holes in the fence, but also setting up “climbing ropes” to make it easier for the aliens to cross the border.
Border Patrol boats in the middle of the river “passively” watched the aliens cross the river and did nothing to prevent them from entering the United States. Once the aliens crossed the border, they were instructed to walk inland. There was no supervision, with the expectation that they would be sent to the nearest immigration detention center. ”
When a Texas police officer tried to record the actions of federal agents, the agents told him to “shut up” and insisted they “didn’t have authority to take pictures.” In other words, the Biden administration was trying to cover up what it was doing.
Despite the Supreme Court’s order, Texas is likely to ultimately win the case on the merits. Contrary to the Biden administration’s claims, Texas has not interfered with the federal government’s enforcement of federal immigration laws. All of the bellows wires were installed on state or private land whose owners granted easements to the state of Texas. It is the federal government that trespasses on and destroys state and private property.
Additionally, the Supreme Court’s 2011 decision in Chamber of Commerce v. Whiting stated that state laws may not preempt federal immigration law unless they violate federal law. There is nothing in federal law that explicitly or implicitly prohibits states from erecting barriers on private property. This is especially true given the fact that the illegal entry of aliens is already prohibited under 8 U.S.C. How can Texas make it more difficult for aliens to enter the country illegally in violation of that and other provisions?
The actions Texas is taking are clear. help The federal government’s enforcement of federal immigration laws and prohibition of illegal immigration. But the entire rationale for the Biden administration’s actions this time is to prevent federal immigration laws from being enforced.
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The bottom line is that this case is not over yet. The Biden administration may have won in the first round, but much remains to be done. Hopefully, when this case reaches the Supreme Court on the merits, Texas will win by a knockout.
Otherwise, foreigners, drug smugglers, terrorists, and human traffickers will continue to flood across Texas’ borders and into every city and county across the country. And the Biden administration is okay with that.
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