Images from the Del Rio incident show police cars securing the Mexican border. They are far more impressive than the horses used by Border Patrol agents who federal officials and President Biden have criticized for their work as bobby riders. Abbott can erect a “steel wall” of Texas cops. They believe Texas has the power to deport illegal aliens. However, federal jurisprudence culminated in Obama-era Supreme Court judgments.
Consider what would have happened if Article I had read, “Limitations on Immigration will be exclusive and will be enforced only to the degree that the President thinks necessary.” The Obama–Biden administration argued, and the Court agreed, that Arizona’s claimed sovereign ability to defend its citizens should be denied. However, it was endorsed by Chief Justice John Roberts, along with Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor.
Originally, states were in charge of police trespassers within their borders. Today, federal law makes it crystal clear that unauthorized border crossers must be apprehended and removed. The Obama–Biden administration argued that states could not violate federal law or policy. So, if the president chose not to enforce legislative laws and secure the borders, the states, particularly Border States like Texas, were helpless.
If the states had known this in 1787, the delegates to the Grand Convention would have fled, said Supreme Court Justice Antonin Scalia. The Obama–Biden strategy was a time bomb, as the Supreme Court ruled. Last week’s 15,000-strong illegal alien caravan in Del Rio came from Haiti via South and Central America. The Biden administration admits releasing 12,000 “migrants” into the US while returning others to Haiti.
As noted last month, this is a clear violation of federal immigration law. Non-citizens must be detained pending a final determination of persecution fear. Biden’s mass release of illegal aliens is appalling. Biden cannot “parole” illegal immigrants. Because most “migrants” will never report to immigration services or appear in Court, they have no right to be in the US. The administration’s apparent authority for parole is flawed. However, Mayorkas proposes regulations allowing mass parole for illegal immigration. Such a regulation would be unnecessary if DHS already had the legal authority.
Biden’s government allows tens of thousands of illegal aliens, but that figure does not include all “migrant” arrivals. Government “encounters” with “migrants” have surpassed 200,000 per month, a figure that has risen steadily since Biden’s election. Joe Biden and his henchmen would argue that they had no choice but to parole given the scope of the influx. That is both amusing and false. The administration’s legal obligation is to detain anyone caught attempting to enter. It is prohibited to release them.
Biden must choose between protecting the states, which he is promised to do, and siding with foreign immigrants. The president is not simply interfering with rental deals to prevent eviction. Mr. Biden is essentially telling Texas and other states that the federal government would not protect them or enable them to defend. However, Biden is just risking his life.