Case law gives the president almost exclusive authority over migration; The Republican governor wants control of the Texas Guard in the region
United States President Joe Biden and the Texas state government are embroiled in a dispute over control of the country's border with Mexico. The issue of the migration crisis is relevant to the country's presidential elections, which will take place in 2024. The Democrat is seeking reelection.
Biden reported on Friday (January 24, 2024) that he is negotiating a series of reforms in a border agreement with the Senate. He promised “tougher and fairer” control. The ongoing negotiations give the president new emergency authority to close the region if it becomes overwhelmed. The Democrat spoke of “closing the border” as soon as he signed the bill.
Here is the full translation of the US President's statement (PDF 43 kB). Or if you prefer, read below:
Biden is seeking reelection on November 5th and is facing resistance from Republicans in bipartisan border negotiations.
The city of Eagle Pass, about 700 km from Dallas, Texas, is the scene of the dispute between the state and the US federal forces. The city borders Piedras Niegras, Mexico. Only the Rio Grande, one of the main rivers in the United States and Mexico, separates the two communities.
The map below shows where Eagle Pass is located (it's the red dot):
UNDERSTAND THE CASE
The US president accuses Texas of blocking federal agents' access to part of the USMexico border and wants to regain control of the area. The state's governor, Republican Greg Abbott, wants the courts to change the jurisdiction that gives the White House almost exclusive control over immigration issues.
On January 10, 2023, tensions worsened. In an interview with CNN, the country's Customs and Border Protection coordinator Robert Danley said that the Texas National Guard blocked the Border Patrol from accessing Shelby Park in Eagle Pass to place mobile surveillance equipment.
Barbed wires, fences, barriers and gates were erected by the state authorities in the park region.
According to a Wall Street Journal report, local authorities were overwhelmed in September as immigrants entered the United States through the town of Eagles Pass. The Border Patrol estimates that 10,000 migrants entered the country illegally in one week.
The growing surge prompted the city's mayor, Democrat Rolando Salinas Jr., to declare a state of emergency.
The Texas government is using the context to gain control of the situation.
In a video posted on X (formerly Twitter), the governor shared a recording showing state plans to arrest immigrants and praised the state's actions.
“This is what the Texas National Guard and the Texas Department of Public Safety do every day to secure the border. They should NOT be held by a federal government that has abandoned the border,” he wrote.
This is what the Texas National Guard and the Texas Department of Public Safety do every day to secure the border.
They must NOT be stopped by a federal government that has abandoned the border. https://t.co/LTwTA1va2N
Greg Abbott (@GregAbbott_TX) January 26, 2024
In recent days, Greg Abbott has made statements defending the Texas Guard's control of the border. He also said that he would use all means and strategies to defend the state.
DEATH AT THE BORDER
Last week, three people (a woman and two children) drowned in the Rio Grande while trying to reach Eagle Pass. The case came a few days after federal agents blocked access to the region.
The Biden administration said the episode shows that “Texas is steadfast in its commitment to exercising full control of the border and the country and blocking Border Patrol access, even in emergency situations.” The statement was made by U.S. Attorney General Elizabeth Relojar in a statement Case submitted to the United States Supreme Court on January 15th. Here is the full text (PDF 582 kB, in English).
The Texas Military Department told CNN that the Border Patrol did not request access to the site on the night of the deaths.
In his profile on
According to the congressman, “on Friday, January 12, 2024, at approximately 9 p.m., Border Patrol learned that a group of six migrants were in difficulty attempting to cross the Rio Grande. The Border Patrol attempted to contact the Texas Military Department, the Texas National Guard and the DPS command post by telephone. [Departamento de Segurança Pública do Texas] to transmit the information, but without success”.
In response, the Texas governor declared that the deaths of the three migrants were caused by “Biden’s magnet for open borders.”
The conflict goes to the Supreme Court
On Monday (Jan. 22), the U.S. Supreme Court ruled 54 that federal employees should remove barriers created by the Texas government. Here is the full decision (PDF 582 kB, in English).
The decision is seen as a victory for the Biden administration, but it also raised concerns about the justices' interest in transferring federal power to the states. The court has a Republican majority that opposes the current president.
The ongoing dispute over the Eagles Pass border is not the only legal dispute between the United States and Texas. The Biden administration already sued Governor Greg Abbott in January 2023. At that time, a floating barrier about 300 meters long was installed on the Rio Grande. One person was found dead at the scene. Here is the full document (PDF 582 kB).
On Thursday (Jan. 25), 25 Republican governors released an open letter in support of Greg Abbott. You mention the “constitutional right of the state to selfdefense.” The text, published by the Republican Governors Association, said it reflected Biden's “refusal” to “take responsibility for the crisis at the border.”
Read the full letter in Portuguese below:
“President Biden and his administration have left Americans and our country completely vulnerable to unprecedented illegal migration across the southern border.” Instead of upholding the rule of law and ensuring border security, the Biden administration has attacked and sued Texas for its actions to protect American citizens from the historic number of illegal immigrants, deadly drugs like fentanyl, and terrorists invading our country.
“We express our solidarity with our fellow governor Greg Abbott and the state of Texas and are using all means and strategies, including barbed wire fencing, to secure the border. We are doing this in part because the Biden administration refuses to enforce existing immigration laws and is illegally allowing the mass release of migrants who entered our country illegally.
“The framers of the U.S. Constitution made clear that in times like these, states have the right to selfdefense under Article 4, Section 4 and Article 1, Section 10, Clause 3 of the U.S. Constitution. Because the Biden administration has ceded its constitutional responsibilities to the states, Texas has every legal reason to protect the sovereignty of our states and our nation.”
Below is the list of signing governors:
- Kay Ivey (Alabama);
- Mike Dunleavy (Alaska);
- Sarah Sanders (Arkansas);
- Ron DeSantis (Florida);
- Brian Kemp (Georgia);
- Brad Little (Idaho);
- Eric Holcomb (Indiana);
- Kim Reynolds (Iowa);
- Jeff Landry (Louisiana);
- Tate Reeves (Mississippi);
- Mike Parson (Missouri);
- Greg Gianforte (Montana);
- Jim Pillen (Nebraska);
- Joe Lombardo (Nevada);
- Chris Sununu (New Hampshire);
- Doug Burgum (North Dakota);
- Mike DeWine (Ohio);
- Kevin Stitt (Oklahoma);
- Henry McMaster (South Carolina);
- Kristi Noem (South Dakota);
- Bill Lee (Tennessee);
- Spencer Cox (Utah);
- Glenn Youngkin (Virginia);
- Jim Justice (West Virginia) and;
- Mark Gordon (Wyoming).
US ELECTIONS
Democrat Joe Biden is expected to compete for the presidency with former President Donald Trump (Republican Party) in November. Biden's party meetings will also take place in the second half of the year, in August.
O Power360 has created an infographic with the most important dates of the US presidential election.
