The governor of Texas’s characterization of the immigration influx as an “invasion” along the southern border was deemed legally without merit by a professor of constitutional law.
New York University legal professor and adjunct professor Peter Shane was weighing in on Greg Abbott’s defiance of federal authority and labeling of the surge at the U.S.-Mexico border as an immigration crisis.
As tensions over immigration policy between the Biden administration and Texas persist, this development is no surprise. According to data collected by U.S. Customs and Border Protection, the number of interactions at the U.S.-Mexico border in the fiscal year of 2023 was over 2.4 million, an increase from the around 1.7 million recorded in the previous year.
In his remarks on Wednesday, Abbott cited an underused clause in the United States Constitution that gives extra state authority during invasions. The president’s immigration policies, Abbott said, were a breach of the treaty between the US and the states. Since the federal government has disregarded its constitutional obligations, he argues, Texas has exercised its right to self-defense.
Abbott had ordered the razor wire installation along the border between Texas and Mexico; on Monday, the United States Supreme Court gave federal officials the green light to remove the wire.
Abbott has responded by sending a letter that reiterates his stance that illegal immigration is a significant problem in Texas. He made it clear that he was doing what was needed to safeguard the state, referencing that the supreme law of Texas supersedes federal statutes.
As stated in the letter, President Joe Biden had deceived his agencies into disobeying federal regulations about the detention of undocumented immigrants, thereby violating his oath.
The statement asserted that the unlawful mass parole of persons into the United States is illegal.
The Biden administration’s policies and messaging are at odds with one another. On one hand, they say there is a crisis and “something needs to be done.” On the other, they thwart any attempt at stopping the influx.
