Texas Governor Greg Abbott has announced that the state will continue to defy the Biden administration’s directives on border enforcement.
Abbott asserted that Texas has a constitutional right to self-defense due to the federal government’s failure to control unauthorized immigration.
He justified this stance by declaring an “invasion” and invoking Texas’s constitutional authority to defend itself.
Texas National Guard is putting up more razor wire and barriers at Shelby Park in Eagle Pass Texas to stop illegal immigration. pic.twitter.com/E19KYn7bC8
— AnalyzingAmerica (@AnalyzAmerica) January 24, 2024
“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 refused to enforce those laws and has even violated them,” Abbott wrote.
“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,” he said.
The state’s actions, including the deployment of the Texas National Guard and other personnel, are based on this constitutional authority.
“That authority is the supreme law of the land and supersedes any federal statutes to the contrary,” Abbott said. “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.”
The Department of Homeland Security has criticized Texas for restricting access to the border, particularly in the Shelby Park area.
My statement on Texas’ constitutional right to self-defense. pic.twitter.com/seNFZdmujP
— Greg Abbott (@GregAbbott_TX) January 24, 2024
Abbott has expressed his concerns to the Biden administration regarding the border situation, including during a meeting in early 2022.
“The state has alleged that Shelby Park is open to the public, but we do not believe this statement is
accurate,” DHS General Counsel Jonathan Meyer said.
“To our knowledge, Texas has only permitted access to Shelby Park by allowing public entry for a memorial, the media, and use of the golf course adjacent to Shelby Park, all while continuing to restrict U.S. Border Patrol’s access to the park.”
“The Department must also have the ability to access the border in the Shelby Park area that is currently obstructed by Texas,” Meyer wrote.
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