Greg Abbott Invokes Texas’ ‘The Supreme Law of the Land’ to Grant Soldiers Authority Over Biden

Texas Governor Greg Abbott has asserted his state’s “right to self-defense,” invoking the authority of “the supreme law of the land” to grant soldiers control over immigration matters at the U.S.-Mexico border, asserting authority over President Joe Biden.

Battle Against Illegal Migration

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Abbott’s move is part of an ongoing legal tussle between the state and the federal government, with the governor employing various strategies to curb illegal migration, including barriers and razor wire fencing on the Rio Grande.

Border Encounter Statistics

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U.S. Border Patrol data indicates that 3.2 million encounters occurred at the border during the fiscal year ending September 2023. These figures encompass various types of apprehensions and expulsions.

Immigration Approach Criticism  

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On Wednesday, Abbott released a statement in which he criticized Biden for breaching his commitment to execute immigration laws passed by Congress faithfully.

Self Defence Against Invasion

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He cites the Constitution, specifically Article IV, Section 4, and Article I, Section 10, Clause 3, to justify Texas’s right to self-defense against what he terms an “invasion.” 

Texas “Supreme Law”

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Abbot 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.”

State Forces Mobilized

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Abbott asserts that the Texas National Guard and other state agencies are acting within their rights to secure the Texas border. 

Supreme Court Ruling

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The Supreme Court on Monday ruled in favor of the federal government by granting an emergency appeal, enabling agents to continue dismantling the border wire established by Texas. 

Texas Response

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In response, the state released images showcasing the reinforcement of physical barriers along Eagle Pass.

Take Control 

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In reaction to Abbott’s deployment of state agencies at the border, Democratic lawmakers are urging President Biden to take control of the Texas National Guard.

Federal Control of Texas National Guard

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Texas Democratic Rep Joaquin Castro on Tuesday wrote on X, “Governor Greg Abbott is using the Texas National Guard to obstruct and create chaos at the border. If Abbott is defying yesterday’s Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard now.”

Defying Supreme Court order

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Beto O’Rourke, the former Democratic Representative from Texas who is now running for governor in the state, also criticized Abbott for employing the Texas Guard to oppose a Supreme Court decision.

Urging Biden to Follow Eisenhower’s Lead

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O’Rourke said, “When Gov. Orval Eugene Faubus did this in 1957, [President] Eisenhower federalized the Arkansas Guard to ensure compliance with the law. Biden must follow this example of bold, decisive leadership to end this crisis before it gets worse.”

Call for Texas Independence

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Amid Abbott’s legal disputes with the federal government, which alleges that the governor’s deterrent strategies run counter to federal law, there have been calls for Texas to seek independence from the United States, a movement now referred to as “Texit.”

Independence Referendum

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The Texas Nationalist Movement (TNM) in December submitted a petition to the Texas Republican Party for a referendum on independence. 

Petition Rejected

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However, the petition was rejected due to late submission and invalid signatures, as stated by Party Chair Matt Rinaldi.

Biden Faces Criticism

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Biden is facing criticism not only from Abbott but also from numerous Republican lawmakers due to the significant surge in illegal migrants during his tenure. 

Border is Not Secure

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On Friday, in response to a question about whether the border is secured, the President stated, “No, it’s not,” and emphasized the need for additional funding.

“Give Me the Money”

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Biden said, “I haven’t believed that for the last 10 years, and I’ve said it for the last 10 years. Give me the money.”

“A Difficult Challange”

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He also has acknowledged that reforming America’s immigration system presents “a difficult challenge.” 

President Ready for Change

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The President stated that he is prepared to implement “massive change” to border policy, as a bipartisan effort in the Senate is currently in progress to formulate a deal.

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