Jonathan Turley, a Fox News contributor and George Washington University law professor, argued Friday that the federal government has “the upper hand” in the ongoing showdown between Texas and the Biden administration.
The Supreme Court agreed in a 5-4 decision Monday to reverse the ruling. injunction This temporarily stopped the Border Patrol from cutting wires installed along the border by the state of Texas.
The ruling does not require Texas to take steps to remove chain-link fences based on the Supreme Court's order. Rather, the ruling says federal Border Patrol agents have the right to remove the fence if it interferes with their ability to carry out the Biden administration's orders.
Mr. Turley began by arguing that the open borders crisis was a “violation of the understanding between the federal government and the states,” adding that the federal government was “not delivering on its commitments.” (Related: CNN host spreads misleading falsehoods about Texas border battle)
“The problem is that a federal court is unlikely to find this an 'invasion' as referred to in the Constitution. There is also mention of 'imminent danger,' and certainly hundreds of thousands of people have crossed the border.” Although a substantially open border poses an imminent danger in light of its passage, courts are likely to define it in the context of invasion in light of its provisions. As in the case of foreign countries. So it will be difficult for Texas to make a constitutional argument in court,” Turley said.
The law professor added that while the justices may be sympathetic to Texas, which is overwhelmed by immigrants, “legally the federal government has the upper hand.” They tend to command a lot of respect along the border. ”
Turley said he understands that Texans believe mass immigration is an imminent danger to the state, but the “problem” is that the courts disagree.
“The court probably thought that lax enforcement was a problem all along, that there was a problem with people crossing their borders, and that this provision was actually written at a time when those border states were always at risk of actual invasion by foreign states. “Foreign powers.” That's why I think Texas will have a hard time threading this needle in federal court. But this does not relieve the Biden administration politically or legally, as Texas has invoked other state powers to protect its citizens. The public is at risk. ”
a handful Democratic Party Member of Parliament called On President Joe Biden federalizing the Texas National Guard.
Texas Governor Greg Abbott swore upholding the constitutional right of the state to protect itself, and for the state to bear more of the burden; wire fence Following the Supreme Court's decision.
“The federal government has broken the Inter-American Treaty,” Abbott said in a statement. “The U.S. executive branch has a constitutional duty to enforce federal laws that protect the states, including immigration laws currently in place.”
“President Biden ignored Texas' demands to meet his constitutional obligations.”
Border Patrol agents recorded record numbers of illegal immigrants.Federal data shows more than 2.2 million illegal immigrant encounters were recorded at the southern border in 2022 and 2 million in 2023. show.
