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The Texas Border Crisis Raises Important Constitutional Questions

Brandon Bell/Getty Images
Brandon Bell/Getty Images

Since Mar. 6, 2021, Texas has found itself tasked with an escalating border crisis with 2.5 million migrant encounters reported on the southern border in 2023. The situation has created an increase in resistance between Texas and the Federal Government as to how Texas’ Governor Abbott can use his power to take action. These new moves toward securing the border hope to reduce illegal immigration. 

 

Over 100,000 migrants have been transported from Texas to sanctuary cities according to Governor Abbott’s administration in an attempt to alleviate border town stress. The rise of violence with South and Central America has sparked massive waves of immigration in hopes of entering the United States. The major issue regarding migration is the influence of cartels, which often provide assistance in the process for financial payment through those known as coyotes

 

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Governor Abbott has resisted federal attempts to get rid of his increased security, and released a statement citing Article IV:, “The federal government shall protect each [state] against invasion.” This invokes Texas’ constitutional right to defend itself with the authority that, “supersedes any federal statutes to the contrary.” On Jan. 22, 2024, the Department of Homeland Security v. Texas ended with a 5-4 vote, concluding that Texas does not have the right to build razor wire to secure the border and resist federal agencies. 

 

In Eagle Pass, an area with one of the highest densities of migrants, the Texas military personnel refused to have Federal Agents  remove barbed wire placed along the Rio Grande River. Governors from several Republican states including Louisiana, Tennessee and Florida have pledged their support for Texas’ crisis and sent national guard troops to assist in border protection. In addition, Indiana Governor Eric Holcomb is sending 50 troops to Texas in March at the request of Governor Abbott. 

 

Since the start of Operation Lone Star, a task force created to combat the movement of drug users into Texas which launched in 2021, there have been 340,000 illegal immigrant apprehensions. The joint operation between the Texas Department Of Public Safety and the National Guard actively enforce the border by making arrests and providing defense attorneys. Due to the expanded enforcement of the Texas border, Arizona and California have seen an increase in migrants attempting to cross. The primary issue of migration for the southern border is the sheer complexity of the range of border patrol and the great demand that ceases to exist for migrants wanting to enter the United States. When caught, migrants are initially held in detention facilities and encampments before they are moved back over the Mexican border. 

 

The increased surge in migrants at the southern border has created increased pressure for states to handle. This challenge in Texas brought Governor Abbott to take charge and place razor wire along the border as well as floats to block the crossing of the Rio Grande River. Supreme Court justices ruled in favor of the Federal Government, however Governor Abbott continues along with many Republican governors to encourage the protection of Texas’ border in combating the immigration crisis. 

 

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