Texas' National Guard members have continued installing razor wire fences throughout the state's border with Mexico despite a recent Supreme Court ruling allowing the federal government to cut it down.
In a letter posted on his social media accounts, Texas governor Greg Abbott said the state is using its "right of self defense" given the Biden administration's "failure to fulfill" its "constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now."
"Texas' razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property," added Abbott.
My statement on Texas’ constitutional right to self-defense. pic.twitter.com/seNFZdmujP
— Greg Abbott (@GregAbbott_TX) January 24, 2024
On Monday, the Supreme Court allowed Border Patrol to cut razor wire installed by Texas along an area of the southern border. The divided 5-4 decision granted an emergency appeal by the Biden administration, allowing federal authorities to cut the razor wire while a lawsuit over the issue continues.
NewsNation reported that migrants who attempted to cross the border were injured while trying to go through the razor wire. And beyond the physical harm, those crossing in the area near Shelby Park, in Eagle Pass, have found themselves stuck between the Río Grande and the wire fence.
"Blocked by the razor wire, the migrants are essentially stuck there, as they're afraid to swim back to Mexico because of the speed of the current at the Rio Grande," the outlet reported.
The issue is just one of many border-related disputes between Texas and the Biden administration. On Wednesday, the latter sent a letter demanding that federal agents be given full access to Shelby Park.
Concretely, the chief lawyer for the Department of Homeland Security (DHS) requested Texas Attorney General Ken Paxton to clarify which parts of Shelby Park are accessible and inaccessible to Border Patrol.
"To our knowledge, Texas has only permitted access to Shelby Park by allowing public entry for a memorial, the media, and the use of the golf course adjacent to Shelby Park, all while continuing to restrict U.S. Border Patrol's access to the park. Please clarify the scope of access Texas permits to the public," reads a passage of the letter, as reported by NBC News.
Shelby Park is used by Border Patrol agents to inspect and hold migrants and, according to DHS' top lawyer Jonathan Meyer, National Guard forces have been preventing federal operations to apprehend migrants and rescue those who might be in distress. Moreover, DHS argues that state law enforcement officials have been arresting migrants who cross into the U.S.
I am so grateful for the Texas National Guard, and all of the other members of the Texas military department, and the Texas Department of Public Safety, who are stepping up to secure the border in the absence of Joe Biden enforcing the immigration laws of America. https://t.co/Ya0NUXPknP
— Greg Abbott (@GregAbbott_TX) January 24, 2024
Texas has repeatedly rejected these attempts from the Biden administration, recently rejecting a cease-and-desist letter and saying that "facts and law side with Texas."
"The State will continue utilizing its constitutional authority to defend her territory, and I will continue defending those lawful efforts in court," said Paxton in his response, in which he claimed that the government is not enforcing U.S. immigration law by letting migrants enter the country.
The Biden administration has anticipated it will refer the matter to the Department of Justice but hasn't filed a formal lawsuit so far.
Texas has also passed a bill allowing law enforcement to arrest and deport migrants who cross the border illegally. Known as SB4, the law makes it a misdemeanor to illegally cross the border and a second-degree felony to do so for a second time. Punishments for this latter case range between 180 days in jail to 20 years in prison. The law also allows judges to order that undocumented people "return to the foreign nation from which they entered."
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