The dispute between Texas and the federal government regarding the management of the US-Mexico border has escalated as Texas governor Greg Abbott has declared his intention to defy orders from the Biden administration and US supreme court by increasing the use of razor wire as a deterrent against migration.
The federal government’s authority to remove the contentious concertina wire along certain areas of the Texas border, as directed by Governor Abbott, was upheld in a 5-4 vote by the supreme court on Monday. However, despite this ruling, Abbott, a staunch conservative, is pushing forward with his efforts to construct a fence along parts of the US-Mexico border.
This week, officials received additional confirmation from the supreme court that they have the authority to remove the razor wire as immigration law falls under federal jurisdiction. However, Abbott claims that he can still direct the Texas National Guard to keep laying down more razor wire. The National Guard is ultimately a branch of the US military, overseen by the US president as commander-in-chief. However, unless the president explicitly takes federal control, each state’s National Guard takes orders from its governor.
According to the 2012 case Arizona v United States, immigration issues are under the jurisdiction of the federal government, not individual states. Abbott has frequently used the invasion clause in the US and Texas constitutions to justify his actions regarding border security and immigration, comparing migrants to a foreign enemy and claiming that this gives him the authority to enforce laws in this area.
Abbott’s choice to increase the amount of wire being laid down appears to contradict the intention of the supreme court’s order, according to Fatma Marouf, a law professor and the head of the immigrant rights clinic at Texas A&M University’s School of Law.
According to Marouf, the highest court has decided to support the federal government’s authority in maintaining control over the border region.
The main topic of the briefing was the urgency for US customs and border protection officers to be able to reach the riverbank in order to rescue migrants. There were reports of individuals getting caught in the wire and losing their lives. Therefore, continuing to install the wire goes against the purpose of the injunction.
Abbott’s statement, released on Wednesday, detailed his intention to bypass the federal government despite facing legal obstacles. In his statement, he accused President Biden, a Democrat, of using public funds to “force open” the border.
Abbott stated that the federal government has failed to uphold the agreement between the United States and the states. He also noted that the executive branch, which is responsible for enforcing laws, has even breached them.
“He has achieved record-breaking numbers for illegal immigration.”
Civil rights organizations, such as the League of United Latin American Citizens (Lulac), condemned the use of razor wire and other deterrents, such as a floating barrier of buoys with nets and barbed wire in the Rio Grande, as “inhumane”.
Domingo García, the national president of Lulac, expressed support for the Supreme Court’s decision regarding border and immigration matters. He stated that Lulac believes the federal government should have sole jurisdiction in these issues and criticized Texas Governor Abbott for wasting taxpayer money on political stunts that do not address the humanitarian crisis at the border.
Additionally, we must consider the human suffering caused by the deaths of innocent women and children on barbed wire walls.
In the beginning of this month, a woman and her two kids, originally from Mexico, died by drowning in the river close to Eagle Pass. This area of the border was blocked off by state officials, preventing federal agents from reaching certain parts of the Rio Grande. These tragic deaths sparked a strong reaction from US homeland security spokesperson, Luis Miranda, who stated that the state of Texas should not interfere with the US Border Patrol’s duty to enforce US laws.
The implementation of razor wire is included in Abbott’s Operation Lone Star, a publicly funded program that was launched in 2021 to address irregular migration. It is a collaboration between the Texas Department of Public Safety and the Texas Military Department. This initiative has coincided with an increase in individuals crossing into the US due to the inability to seek asylum at designated points or through appointments. In the meantime, there are ongoing discussions in Washington regarding legislation to strengthen border regulations.
Marouf expressed worry over Texas’s decision and its impact on the ability to seek asylum.
She stated that our immigration laws ensure the right for individuals to seek asylum if they are escaping persecution. Installing barbed wire is contradictory to our intentions.
Source: theguardian.com
