Texas Governor Greg Abbott is facing challenges in defending a new state border law. A skeptical U.S. Federal Judge in Austin is questioning the constitutionality of the law, and the Biden Administration is fiercely opposing it. To overcome these obstacles, Governor Abbott is now appealing to the court of public opinion.
First, let’s take a look at the judge’s concerning remarks last week after reviewing the recent law that designates illegally crossing the federal border into Texas as a state crime. The judge expressed his alarm over the new legislation.
“Let’s say … that I agree with you. California might then want to pass its own immigration and deportation law. Maybe then Maine would follow, and then other states. That turns us from the United States of America into a confederation of states. What a nightmare! It just slaps the federal immigration law in the face.” U.S. Judge David Ezra (Feb. 15, 2024)
The Biden Administration is vigorously challenging the new Texas law, which is supposed to take effect next month.
Texas Governor Greg Abbott is defending the state’s case on Twitter and in the New York Post, despite facing opposition from a judge appointed by Ronald Reagan.
What Texas is doing – Governor Abbott argues – is precisely what U.S. Founding Father James Madison stated should be safeguarded by the Constitution.
“James Madison, the “Father of the Constitution,” emphasized that Article I, Section 10, Clause 3 would allow Virginia’s state militia “to be called forth to suppress smugglers” who had endangered their state. Those smugglers were bringing contraband into the state and threatened the sovereignty of Virginia’s borders. Today, Texas faces a similar but starker threat than Virginia’s smugglers, with Mexican drug cartels that operate as paramilitary forces on our border.” – Texas Governor Greg Abbott (February 19, 2024)
The Biden Administration strongly disagrees with Governor Abbott.
“(Texas) SB 4 is clearly unconstitutional. Texas cannot disregard the United States Constitution. We have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration.” –U.S. Justice Department (January 3, 2024)
Judge Ezra has assured that a decision will be made before the new Texas law goes into effect in two weeks. It is anticipated that whichever side loses will appeal the decision. Ultimately, the case may end up being reviewed by the U.S. Supreme Court.
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