Texas Governor Declares Biden ‘In Violation Of U.S. Constitution’ For Failing To Secure Border

OPINION:  This article contains commentary which may reflect the author’s opinion

Former President Donald Trump recognized the flow of illegals and drugs across the southern U.S. border and made building a wall a priority for his administration. During the current Biden Administration, the wall construction was halted by the government but taken over privately by those in border states who suffer from the now increased flow.

Texas Gov. Greg Abbott consulted the U.S. Constitution and took matters into his own hands for his state, and in July cleared state authorities to return migrants apprehended to the border. This caused a clash with federal authorities, who maintain that immigration issues are a federal matter. In a new move, Abbott empowered state law enforcement and deployed the Texas National Guard troops to escort migrants back to the border, but did not expel them from the country.

The executive order issued by Abbott stated that the Texas National Guard and the Texas Department of Public Safety should apprehend “immigrants who cross the border between ports of entry or commit other violations of federal law, and to return” them to ports of entry, all within the Texas borders. Presumably, federal officials would then take the matter over at the port of entry. the direction was for the Texas National Guard and Texas Department of Public Safety to arrest illegal foreign nationals for state crimes and apprehend those who enter Texas illegally in-between ports of entry.

Abbott also announced at that time that Operation Lone Star would receive an additional $30 million in order to help cities and counties dealing with criminal activity related to illegal border crossings.

The Biden administration did not help the governor in his efforts in his state and raised questions as to his authority in immigration issues. Abbott has answered.

On November 16, Gov. Abbott sent a letter to President Joe Biden declaring Texas was escalating its border security efforts by invoking Article I, § 10, Clause 3 of the U.S. Constitution, enabling his state to “protect its own territory against invasion by the Mexican drug cartels.”

The governor also said in the letter last week that Biden had opened “our border to this record-breaking level of illegal immigration” and there was in “violation of Article IV, § 4 of the U.S. Constitution, Just The News reports.

“Your sustained dereliction of duty compels Texas to invoke the powers reserved in Article I, § 10, Clause 3, which represents ‘an acknowledgment of the States’ sovereign interest in protecting their borders,’” Abbott wrote, citing the late Supreme Court Justice Antonin Scalia in Arizona v. US.

Abbott also said the nation’s founders knew a future president “might abandon his obligation to safeguard the States from an extraordinary inflow of people who have no legal right of entry.

“They foresaw your failures. In the more than 240 years of our great nation, no Administration has done more than yours to place the States in ‘imminent Danger’ – a direct result of your policy decisions and refusal to deliver on the Article IV, § 4 guarantee,” he added. “In the absence of action by your Administration to secure the border, every act by Texas officials is taken pursuant to the authority that the Founders recognized in Article I, § 10, Clause 3.”

Abbott vowed that Texas would “escalate our efforts to repel and turn back any immigrant who seeks to enter our State at a border crossing that Congress has designated as illegal; to return to the border those who do cross illegally; and to arrest criminals who violate Texas law.”

His letter reiterates claims from his July 7 executive order first citing his constitutional authority to secure the Texas border, wrote Just The News.

In his letter, Abbot outlines America’s current immigration laws the President must enforce in order to satisfy the federal government’s constitutional obligation to safeguard its citizens, including:

-Aggressively prosecuting illegal entry and illegal reentry

-Complying with laws mandating that various categories of aliens “shall” be detained.

-Stopping parole for aliens en masse in violation of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

-Fully reinstating the Migrant Protection Protocols, such that aliens seeking admission remain in Mexico while proceedings unfold in the United States.

-Immediately resuming construction of the border wall in Texas, using the billions of dollars Congress has already appropriated for that purpose.

the necessary action that Gov. Abbott has taken to save the people in his state from the massive problems caused by the open border is unprecedented, as the federal government has never before ignored such a huge and significant problem on any of the borders in the continental United States.

President Biden has not yet replied. Those in his administration, including Vice President Kamala Harris, who was designated to be in charge of border security, and DHS Secretary Alejandro Mayorkas, have consistently maintained “the border is secure,” although there is massive proof to the contrary if one merely visits the border and views the state of the communities there.


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