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Greg Abbott Defies Supreme Court, Will Continue Securing Border at State Level

On Wednesday, Texas Governor Greg Abbott (R-Texas) issued a bold statement refusing to follow a recent ruling by the Supreme Court of the United States, and will continue using state law enforcement and the Texas National Guard to secure the southern border.

As reported by the Daily Caller, Abbott’s declaration follows the controversial ruling by the Court on Monday, which decided in a 5-4 verdict that the Border Patrol and other federal authorities were allowed to tear down physical barriers that had been set up by state authorities in Texas, including barbed-wire fences. Governor Abbott had ordered the state to start building its own border barriers due to the federal government refusing to enforce the border, as part of Joe Biden’s open-borders approach to immigration.

Video circulated on social media of Texas authorities continuing to set up new barbed-wire barriers anyway despite the ruling, and Abbott confirmed in an official statement that he would ignore the ruling.

“The federal government has broken the compact between the United States and the States,” Abbott declared. “The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now. President Biden has ignored Texas’s demand that he perform his constitutional duties.”

Abbott reaffirmed his decision to secure the border by declaring the mass migration crisis to be an invasion, thus invoking an individual state’s right to protect its sovereignty in the event that the federal government refuses to do so.

“The failure of the Biden Administration to fulfill the duties imposed by Article IV, § 4 has triggered Article I, § 10, Clause 3, which reserves to this State the right of self-defense. For these reasons, I have already declared an invasion under Article I, § 10, Clause 3 to invoke Texas’s constitutional authority to defend and protect itself,” Abbott detailed. “That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border.”

Since Biden took power three years ago, the rates of illegal immigration have exploded and led to multiple records being broken for the highest number of illegal crossings, encounters, and apprehensions. In the fiscal year 2022, over 2.2 million illegal aliens were encountered, with another 2 million being recorded in 2023.

Governor Abbott has ordered state authorities to secure the border by any means necessary. This has ranged from the aforementioned barbed-wire fencing to installing large buoy barriers in the Rio Grande River to deter water crossings. On January 11th, Texas seized control of Shelby Park in Eagle Pass following an emergency declaration by Governor Abbott, working to arrest illegals and secure the previously unstable area.

The standoff represents perhaps the greatest escalation in tensions yet between the federal government and the states over the issue of immigration. Immigration has proven to be the dominant issue for voters heading into the 2024 election, with exit polls in both the Iowa caucuses and the New Hampshire primary showing that voters rank it as the #1 most important issue.

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About Eric Lendrum

Eric Lendrum graduated from the University of California, Santa Barbara, where he was the Secretary of the College Republicans and the founding chairman of the school’s Young Americans for Freedom chapter. He has interned for Young America’s Foundation, the Heritage Foundation, and the White House, and has worked for numerous campaigns including the 2018 re-election of Congressman Devin Nunes (CA-22). He is currently a co-host of The Right Take podcast.

Photo: Drew Anthony Smith/Getty Images

Notable Replies

  1. I don’t live in Texas, but I am proud of the Texas Governor on this issue. Yes, it’s time to defy the Supreme Court with the full understanding of all the consequences that may arise because of that defiance. Unjust rule by judges is no different than unjust rule by a monarch.

  2. There isn’t much about Andrew Jackson’s politics, policies or behavior that I agree with or approve of but the current situation at our southern border & Gov. Abbot’s attempt to mitigate the damage brings to mind one quote that I wholeheartedly agree with…“The Supreme Court has made its decision, now let them enforce it”. The SCOTUS has no right or constitutional basis for deny a state’s right to attempt to fulfill a federal duty that the federal has abdicated.

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