The battle is on to see who will triumph between the State of Texas, the U.S. Border Patrol, and the wave of illegal immigration they are both purportedly trying to stop. The different approaches to the problem are causing significant issues as Texas is erecting physical barriers that prevent the Border Patrol from performing their duties.
Concertina Wire Barriers
The State of Texas is installing razor wire barriers across its border in an attempt to keep would-be immigrants from crossing over the border illegally, notably in dangerous geographic regions such as the Rio Grande.
Wire Barrier Challenges
The U.S. Border Patrol, meanwhile, has claimed that the concertina wire prevents agents from entering blockaded areas to process migrants upon entry and offer them assistance, and sometimes life-saving interventions, as they cross the border.
Humanitarian Toll of Texas’s Barriers
Texas Gov. Greg Abbott ordered the state’s National Guard to install razor wire along a body of water in Eagle Pass. In January of this year, Border Patrol was delayed by the physical barrier while attempting to rescue individuals attempting to cross the river. A woman and two children drowned as a result.
Department of Homeland Security v. Texas
On January 22, 2022, the United States Supreme Court ruled in a 5-4 decision that the Border Patrol agents had the authority to cut through the state’s razor wire barrier, thereby siding with the Biden Administration over Texas’s asserted right to protect its own border.
Red State Governors Back Abbott
Though conservative and liberal justices banded together in this case to create the 5-4 majority to support the Border Patrol over Texas’s physical barriers, the aftermath of the court decision has had a polarizing effect, with many red state governors offering shows of support and solidarity with the Texas Republican governor.
Constitutional Crisis
The posturing on either side of the balance between state’s rights on the one hand and the powerful centralized federal government on the other looks to be building up to even greater frustrations and impasses in both the near and long term.
Precedent on Immigration
It has long been held doctrine that the federal government was the authority on all immigration issues and could override state laws that came into conflict with national interests (Arizona v United States, 2012). This preeminence of national over state immigration policy can be traced back to 1941 in Hines v Davidowitz.
Supreme Court Impact
It is notable that four Justices registered opposition in the recent case before the Supreme Court. With conservatives having a majority, the Court may choose to hear more cases in which states are challenging the presidential administration on its immigration and border policies.
Root Cause
The Constitutional debate between the relative powers of the state and the federal government is a product of a more significant problem for all involved: how to address the surge of migrants at the southern border.
Crisis in Numbers
A record high 302,000 migrant encounters occurred in December 2023, with 2.2 million migrants apprehended in fiscal year 2022. The inflow is not easily absorbed into the economies of border states, and governors have turned to novel methods to deal with the crisis.
Border State Actions
In addition to Texas erecting the wire fences in areas where illegal crossings frequently occur, border states have also transported over 100,000 migrants to Washington, D.C., Martha’s Vineyard, New York City, Los Angeles, and more.
Increased Awareness
Though some saw the decision to transport immigrants to regions far from the border as publicity stunts, the actions pushed the issue into the spotlight, drawing the attention of Americans who do not live in border states.
Impact on the 2024 Election Cycle
In a poll asking Republican primary voters in Iowa and New Hampshire which issues mattered most in their decision to vote for a candidate, voters ranked immigration almost as important an issue as the economy. It remains to be seen if this trend will hold among other Republican primary voters in non-border states.
Unsettled Disputes
The fight between the U.S. Border Patrol and the State of Texas reflects the Constitutional strain between the states and the federal government, the humanitarian and justice concerns of upholding the law, and the dangerous realities of cartels and drug smuggling.
Greater Immigration Debate
Addressing the current illegal border crossing numbers will remain of paramount importance to both parties as the 2024 presidential election approaches. The State of Texas, private property owners near the border, and the U.S. government all have interests at stake.
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