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AUSTIN, Texas (LifeSiteNews) — Texas is asserting a constitutional right to continue erecting razor-wire fencing at the southern U.S. border despite a recent ruling by the U.S. Supreme Court allowing the Biden administration to cut it down.
On Monday, the nation’s highest court voted 5-4 to allow federal border-patrol agents to cut down wire erected by the state, NPR reported. Trump-appointed Justice Amy Coney Barrett cast the deciding vote, siding with the court’s four liberals.
While allowing the feds to keep cutting the wire, however, the ruling did not forbid Texas from continuing to put it up. On Wednesday, Republican Gov. Greg Abbott released a statement accusing the federal government of having “broken the compact between the United States and the States” by neglecting and violating its “constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now.”
The statement notes that President Joe Biden has ignored repeated appeals to secure the border, one of which Abbott hand-delivered to Biden in person, instead “instruct[ing] his agencies to ignore federal statutes that mandate the detention of illegal immigrants” and “wasting taxpayer dollars to tear open Texas’s border security infrastructure” in court.
“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,” Abbott said. “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. That authority is the supreme law of the land and supersedes any federal statutes to the contrary. 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.”
Abbott was referring to the Compact Clause of the U.S. Constitution, which forbids states from taking military-like action “unless actually invaded, or in such imminent Danger as will not admit of delay.” Abbott also confirmed via social media that Texas would continue to put up razor wire along the border:
Texas’ razor wire is an effective deterrent against the illegal border crossings encouraged by Biden’s open border policies.
We continue to deploy this razor wire to repel illegal immigration. pic.twitter.com/PE8wiMYaYI
— Greg Abbott (@GregAbbott_TX) January 24, 2024
“If they put up wire, that’s fine,” an unidentified federal law enforcement source told Business Insider. “If it interferes with federal law enforcement’s ability to do its job, that’s when there’s an issue.”
Numerous Republican governors, including Ron DeSantis of Florida, Brian Kemp of Georgia, and Glenn Youngkin of Virginia, have expressed their support for Abbott and Texas, as has Republican presidential candidate Nikki Haley.
The matter of the razor wire may not yet be a legal showdown, but it highlights the extent of the animosity between the Biden administration, border states, and even some Democrat localities that have begun to feel the strain of illegal immigration (the latter thanks in large part to Abbott and DeSantis flying illegal immigrants to blue states).
Biden has presided over a surge of illegals entering the United States and being released inside the country, following the reversal of several Trump-era border policies, such as the previous administration’s third-country agreements with the governments of El Salvador, Guatemala, and Honduras to have them hold refugees while their applications for political asylum in America were reviewed. The situation has created a humanitarian crisis, prompting even the United Nations’ International Organization for Migration (IOM) to declare America’s southern border with Mexico the “deadliest land crossing in the world” in 2022.
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