Texas Gov. Greg Abbott said Monday he will continue to enforce state border policies coming after the Supreme Court temporarily blocked enforcement of an immigration law that would allow state law enforcement to arrest people they suspect are illegal immigrants.
On Monday afternoon, Supreme Court Justice Samuel Alito again halted for a third time Texas’ SB4, a law that would have allowed Texas law enforcement to arrest people suspected of being illegal immigrants. A lower court last month had ruled against the law, which was ultimately appealed to the Supreme Court.
Mr. Abbott, a Republican, was also making reference to a barrier made out of buoys that were set up in the Rio Grande River border area to prevent would-be illegal immigrants from crossing. An appeals court reversed an order that the barrier must be removed several weeks ago after a successful petition from Texas Attorney General Ken Paxton, also a Republican.
Before Justice Alito’s order, another top Republican, Lt. Gov. Dan Patrick, pleaded with the high court to allow the law to go into effect, arguing that the state is being invaded by illegal immigrants and cartel members.
“To the Supreme Court justices who are watching Fox, I’m sure this morning as they get up early, we are being attacked … by land, by sea, by air, literally millions coming across the border, many armed, many criminals, terrorists,” Mr. Patrick told Fox News. He added that there have also been reports of drones at the U.S.–Mexico border that are “spying” on the United States to “help send drugs and illegal immigrants across the border.”
Over the past three years, Mr. Abbott and other Texas Republicans have been highly critical of the Biden administration’s border policies, saying they’ve only led to a surge in illegal immigration into the United States and Texas. Further, the governor has accused President Joe Biden of being derelict in his duty to enforce federal immigration laws, while House Republicans attempted to impeach Homeland Security Secretary Alejandro Mayorkas under similar pretexts.
The White House has shifted the blame, saying the surge in border crossings is due to a “broken” system that can be remedied if Congress passes the appropriate laws. But Republicans and former President Donald Trump have said the president has the authority to fix the system.
Tensions remain between Texas and the Biden administration. In the border city of Eagle Pass, Texas, National Guard members have prevented Border Patrol agents from accessing a riverfront park. Other Republican governors have expressed support for Mr. Abbott, pledging to send state National Guard members to help with border efforts in Texas.
Court Activity
U.S. District Judge David Ezra ruled that SB4 violated the U.S. Constitution’s supremacy clause, which grants the federal government sole authority over immigration matters. The judge also rejected state arguments that Texas was being invaded under the U.S. Constitution’s Article IV. An appeals court reversed his order, although that ruling was appealed to the Supreme Court.Judge Ezra wrote at the time that the law would run afoul of federal immigration laws and said that Texas would then be able to “permanently supersede federal directives,” which would “amount to nullification of federal law and authority.”
According to the Reagan-appointed judge, that’s a “notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War.” The measure, he added, “threatens the fundamental notion that the United States must regulate immigration with one voice.”
In January, the U.S. Department of Justice (DOJ) also filed a lawsuit against the state of Texas, arguing that the state’s immigration law violates the U.S. Constitution.
“Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress,” Associate Attorney General Vanita Gupta said in a news release, making reference to the lawsuit. “The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law.”
