Experts Turley, Painter say Texas on shaky legal ground in border razor-wire fight

Texas Defies Court Order on Razor Wire at Southern Border

Texas is in a legal battle with the Biden administration regarding illegal immigration along the southern border. The Supreme Court recently granted an emergency appeal to allow federal officials to cut razor wire that Texas Governor Greg Abbott had ordered to be installed. In response, Abbott posted pictures of the Texas National Guard reinforcing the border, declaring the state's right to self-defense against a migrant invasion.

However, experts such as Jonathan Turley and Richard Painter argue that the federal government now holds the legal upper hand in this dispute. They explain that while many agree with Texas' objections to the Biden administration's border policies, the federal government has a sufficient legal basis to proceed. Despite Texas' defiance, it would need to secure another injunction to prevent the federal government from accessing the border.

Turley adds that it is unlikely Texas would receive much support in the federal courts if it sought alternative means to secure the border. Painter also criticizes both parties for their inconsistent arguments on who has the authority over immigration law, noting that states have the right to act unless clearly preempted by federal law.

Differing Views on Immigration Law and Biden's Responsibilities

Richard Painter highlights the lack of consistency in arguments regarding immigration law and the responsibility of the federal government. He questions whether the federal government alone should be in charge, or if there should be combined control or a partnership between the federal government and the states. Painter criticizes Democrats for supporting sanctuary cities while also finding it unacceptable that some cities do not enforce immigration law.

Painter explains that Texas is opposing Biden on this issue because they believe he is not adequately protecting the country against illegal immigration, which falls under the jurisdiction of the Biden administration. Texas is taking advantage of legal ambiguity to address the problem themselves, unless it is clearly preempted by federal law.

Texas Claims Federal Government Broke Compact with States

Governor Greg Abbott issued a statement asserting that the federal government has broken the compact between the U.S. and the individual states. He argues that the executive branch of the United States has a constitutional duty to enforce federal laws, including immigration laws. Abbott accuses President Biden of refusing to enforce those laws and even violating them.

Apart from the border razor-wire dispute, Abbott is also locked in multiple legal battles with the Biden administration, including the administration's threat of legal action over Texas' seizure of Shelby Park and lawsuits filed by Texas against the administration. The ongoing conflict showcases the ongoing tensions between the federal government and the states regarding immigration enforcement.