The border between Texas and Mexico has been a problem since President Joe Biden took office and lifted Trump's 'Remain in Mexico' policy, among other immigration enforcement measures. Now, the Department of Justice, at Biden's direction, has sued Gov. Greg Abbott and the state of Texas over his new efforts to secure the border by deploying marine barriers on the Rio Grande—a common, dangerous crossing point for migrants. The suit alleges that Abbott violated the law because he created obstructions in the Rio Grande River without Biden's authorization.
The lawsuit is one of the most asinine things yet to come out of this administration. Texans—with Gov. Abbott and law enforcement—are trying to secure the border, made worse by Biden's policies, often with state funds and resources. Yet Biden has the hubris to sue Texas for defending the U.S. border? He should be supporting Texas, not undermining its efforts.
First, it's important to recognize that the Texas border is porous and chaotic, not because of anything Texans, the Border Patrol, the Texas Department of Public Safety, or any other law enforcement official in Texas has or has not done. They're doing their utmost to uphold both state and federal immigration laws and enforce border security. The Biden administration, and particularly Vice President Kamala Harris, often ignore this fact when it's convenient. Last year, as migrants crossing the border hit the 2 million mark, Harris repeatedly assured the nation the border was "secure." Perhaps now that Biden is suing Texas over this issue, it means he's taking it seriously? Unfortunately, it's several years too late.
Texas officials are merely attempting to ensure border security by enforcing current state and federal laws. As Abbott said in his response to Biden's lawsuit, the "Constitution grants Texas sovereign authority to protect its borders because the President refuses to enforce federal immigration laws."
In its lawsuit, the Justice Department claims Abbott's barriers violate Section 10 of the Rivers and Harbors Act. But the barriers are well within Abbott's authority.
The Rio Grande has been a controversial choke point for crossing migrants. It's the last thing to maneuver before landing on U.S. soil as the river follows Texas' west border. Drownings are common. Just a few weeks ago, four people, including an infant, drowned crossing the Rio Grande over a short period. Last year, a Texas National Guard soldier died trying to save migrants from drowning.
The floating border barrier Abbott had installed, made of buoys and razor wire, is a deterrent, not a ploy. It's meant to encourage safety, to prevent migrants from drowning, to enforce the proper avenues for migrants to follow to enter the United States. No, Texans did not make the Rio Grande a "death trap," as one MSNBC article suggested—it already was a death trap. Barriers prevent people from using routes that are already unsafe. Migrants, claiming asylum or otherwise, were never meant to swim across the Rio Grande to reach freedom—there are points of entry, including bridges, just for that.
Abbott has already responded to Biden's stupid, arrogant lawsuit. "If you truly care about human life, you must begin enforcing federal immigration laws," Abbott said in his official response to the president. "By doing so, you can help me stop migrants from wagering their lives in the waters of the Rio Grande River. You can also help me save Texans, and indeed all Americans, from deadly drugs like fentanyl, cartel violence, and the horrors of human trafficking. To end the risk that migrants will be harmed crossing the border illegally, you must fully enforce the laws of the United States that prohibit illegal immigration between ports of entry. In the meantime, Texas will fully utilize its constitutional authority to deal with the crisis you have caused. Texas will see you in court, Mr. President."
Every word is spot-on.
Biden has not sufficiently satisfied his constitutional obligation to safeguard American citizens at the border, as Texans in overrun border towns can already attest. It is within the sovereign authority of states, including Texas, to protect their own borders when Biden fails, or refuses, to do so. Though this mess was not of Texans' own making, they should have support from Biden in attempting to resolve it—not a lawsuit.
Nicole Russell is a mother of four who has worked in Republican politics. Her writing has appeared in The Atlantic, The Daily Beast, and the Washington Examiner. She is an opinion columnist at the Fort Worth Star-Telegram.
The views expressed in this article are the writer's own.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
