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Biden Administration Has the 'Upper Hand' in Ongoing Border Dispute - Attorney
Biden Administration Has the 'Upper Hand' in Ongoing Border Dispute - Attorney
Sputnik International
In the ongoing border control debacle between Texas and the White House, the federal government has the “upper hand”, said Jonathan Turley, a George Washington University law professor.
2024-01-27T02:41+0000
2024-01-27T02:41+0000
2024-01-27T02:47+0000
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Turley’s comments follow a decision made last month in which a federal appeals court issued a temporary order limiting the Biden administration’s authority to remove barbed wire along the US-Mexico border. However, on Monday SCOTUS ruled against that decision.“I don't think anyone can honestly look at the southern border and say that the federal government has fulfilled its pledge. This is an unprecedented crisis brought about, I believe, by President Biden's policies,” said Turley, who spoke to an American conservative news channel on Friday.“I think that many judges would be sympathetic to Texas, that they have a right to do something. They're being overwhelmed,” he continued. “ And so the idea of the federal government removing barriers, at this time is really otherworldly. But it's – you have to keep in mind on this fight, the federal government has the upper hand, legally. They tend to get a lot of deference along the border.”Tension has continued to escalate between US President Joe Biden’s administration and Texas Governor Greg Abbott. On Friday, the governor said he was “prepared” for a conflict with federal authorities over a legal dispute that was recently settled by the US Supreme Court (SCOTUS) on Monday; SCOTUS issued a temporary order allowing federal Border Patrol agents to remove border wire along the US-Mexico border.But Abbott is determined to pursue his argument that Texas has the constitutional authority to protect its borders, and that the federal government has failed to address the amount of illegal immigrants entering the US. He recently issued a “Statement on Texas’ Constitutional Right to Self-Defense” in which he emphasized the state's right to defend itself against an “invasion” of immigrants.At least 25 GOP governors across the US have also shown their support for Abbott over the issue. And on Friday, the National Border Patrol Union said that their federal agents would not arrest Texas National Guard members for following their orders.
https://sputnikglobe.com/20240126/extremely-dangerous-texas-border-battle-portends-growing-us-dysfunction-civil-war-1116420922.html
https://sputnikglobe.com/20240103/us-house-speaker-border-situation-part-of-unmitigated-disaster-created-by-biden-1115966587.html
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Biden Administration Has the 'Upper Hand' in Ongoing Border Dispute - Attorney
02:41 GMT 27.01.2024 (Updated: 02:47 GMT 27.01.2024) In the ongoing border control debacle between Texas and the White House, the federal government has the “upper hand”, said Jonathan Turley, a George Washington University law professor.
Turley’s comments follow a decision made last month in which a federal appeals court issued a temporary order limiting the Biden administration’s authority to remove barbed wire along the US-Mexico border. However, on Monday SCOTUS ruled against that decision.
“I don't think anyone can honestly look at the southern border and say that the federal government has fulfilled its pledge. This is an unprecedented crisis brought about, I believe, by President Biden's policies,” said Turley, who spoke to an American conservative news channel on
Friday.
"The problem is that federal courts are unlikely to agree that this is the invasion referenced in the Constitution. There's also a reference to imminent danger. And certainly looking at hundreds of thousands of people crossing and effectively open border presents an imminent danger. But the courts are likely to define that in the context of that provision, in the context of an invasion by it, as with a foreign state. So I think Texas is going to have a hard time making that constitutional argument in court,” the law professor continued.
“I think that many judges would be sympathetic to Texas, that they have a right to do something. They're being overwhelmed,” he continued. “ And so the idea of the federal government removing barriers, at this time is really otherworldly. But it's – you have to keep in mind on this fight, the federal government has the upper hand, legally. They tend to get a lot of deference along the border.”
Tension has continued to escalate between US President Joe Biden’s administration and Texas Governor Greg Abbott. On Friday, the governor said he was
“prepared” for a conflict with federal authorities over a legal dispute that was recently settled by the US Supreme Court (SCOTUS) on Monday; SCOTUS issued a temporary order allowing federal Border Patrol agents to remove border wire along the US-Mexico border.
But Abbott is determined to pursue his argument that Texas has the
constitutional authority to protect its borders, and that the federal government has failed to address the amount of illegal immigrants entering the US. He recently issued a “Statement on Texas’ Constitutional Right to Self-Defense” in which he emphasized the state's right to defend itself against an “invasion” of immigrants.
"The federal government has broken the compact between the United States and the States," said Abbott in a statement. "The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now. President Biden has refused to enforce those laws and has even violated them."
At least 25 GOP governors across the US have also shown their support for Abbott over the issue. And on Friday, the National Border Patrol Union said that their federal agents would not arrest Texas National Guard members for following their
orders.
