In a recent ruling, the Supreme Court temporarily sided with the Biden administration, allowing federal officers to remove concertina wire placed on the southern border by the state of Texas. While some may see this as a victory for the administration, former federal prosecutor Andy McCarthy argues that Texas actually has the law on its side when it comes to border protection.
Ex-Fed Prosecutor: How SCOTUS Can Side with TX and Crush Biden's Planhttps://t.co/Kq23eI8pzz
— (((TW))) (@Timgw2) January 27, 2024
McCarthy points out that the Supreme Court did not order Texas to do anything, nor did it prevent the state from erecting more barriers. Texas is well within its rights to install more razor wire, even if the federal authorities continue to cut it, until there is a resolution in the ongoing court case.
Texas Governor Greg Abbott fully intends to exercise this right, citing his constitutional authority. He argues that Texas has the right to protect itself from criminals crossing the border and to make arrests of those criminals. Abbott believes that the federal government is not fulfilling its duty to enforce laws passed by Congress that deny illegal entry.
Abbott’s argument is supported by the Constitution itself. Article IV, Section 4 states that the federal government has a responsibility to protect the states against invasion. If the federal government fails to fulfill this duty, the states have the right to ask for assistance.
McCarthy agrees with Abbott’s assessment and argues that Biden’s actions are in violation of the law. He points to U.S. Code Title 8, which states that migrants who claim a “credible fear of persecution” are to be detained while their claim is reviewed. There are only two exceptions to this rule, and Biden’s mass-parole authority is not one of them.
While Abbott’s actions may be controversial, they are rooted in the Constitution and the law. As the legal battle between the Biden administration and Texas continues, it will be interesting to see how this issue unfolds and whether the federal court system will side with the president or the state.