September 13, 2022
By Matt O’Brien
News outlets all over the United States, and even abroad, have been reporting on a bizarre scene that recently played out near Eagle Pass, along the border in Texas. As a group of would-be illegal aliens amassed near a gate in the border fence, soldiers from the Texas National Guard arrived and locked the gate. A short while later, agents of the U.S. Border Patrol – the federal agency responsible for enforcing immigration law along America’s borders – arrived and opened the gate, allowing the waiting foreign nationals to enter the United States.
The Texas National Guardsmen looked on helplessly. But what else could they do? According to the Supreme Court, in Arizona v. United States,immigration enforcement is a federal responsibility. States have only limited authority to pass immigration laws and no authority to enforce the border.
Anyone who was paying attention observed the moment when the United States appears to have become the first nation in modern history with absolutely zero border controls.
Following the September 11, 2001 terror attacks, the United States experienced a brief increase in border security and immigration controls. Thereafter, we returned to business-as-usual. A beleaguered, understaffed U.S. Customs and Border Protection (CBP) did what it could to staunch the constant flow of illegal aliens. We didn’t have perfect border security but we did appear to be taking the public safety and national security threats associated with unchecked migration seriously.
Then, for the first time since the Eisenhower Administration, President Trump managed to restore order to our border zone. He negotiated with Mexico to end that country’s practice of indiscriminately permitting anyone to traverse its territory on the way to the United States. He began construction of a physical barrier along the U.S.-Mexico border. And he increased the number of immigration judges, to speed up processing and removal of illegals who made it into the interior.
Now, Team Biden, appears to have embarked on a campaign to end all border enforcement and declare our borders open to anyone in the world who wishes to come to the United States. It has sent a clear message to people all over the world: “Come to America. No matter how you get in, you can stay!” There is no longer the slightest pretense that the Biden Administration has any interest in enforcing the Immigration and Nationality Act as it is written.
At every turn, the federal government ignores its legal obligations and does whatever it can to facilitate the entry of uninvited foreign interlopers. It has dismissed removal proceedings against illegal aliens convicted of sex crimes against minors. It has released foreigners with aggravated felony convictions into U.S. communities. And it has chastised any patriotic Americans who have had the audacity to ask, “Just what, in the name of Uncle Sam, is going on here?”
All that was bad enough. But, a short while ago, in a dusty field, on the edge of ranch near Eagle Pass, Texas, Biden and his merry band of border haters managed to effectuate the single largest abandonment of federal law since the Confederacy attempted to secede from the Union. Our nation used to have a border – it no longer does. And the Border Patrol was once a serious law enforcement agency, capable of dealing with everything from drug cartel violence to terrorist threats. But it has now been transformed into something more akin to doormen at a New York apartment building or concierges at a large hotel, “Monsieur, Madame, welcome to the United States. May I get you a cold beverage, a hot meal, and a ticket to your final destination, all courtesy of the American taxpayer.”
Make no mistake. There are hundreds of millions of people all over the world who would rather come to the U.S. than stay wherever they are now. And they’re receiving the Biden Administration’s message loud and clear. If, for any reason, they were still hesitant about coming here, they won’t be anymore. You can bet that the events that played out near Eagle Pass will be broadcast all over the globe. And nothing sends the international community a clearer message that the border has been erased than images of Border Patrol agents opening the gates to America and shepherding in illegal aliens, like ushers at Madison Square Garden.
So, over the coming months, expect to see the already insane numbers of illegal aliens being permitted to enter and remain in the U.S. doubling, tripling or quadrupling. And don’t be surprised if Team Biden asks CBP protection to set up loudspeakers and sing a rousing version of Neil Diamond’s “Coming to America” as criminals, smugglers, human traffickers, gang members, cartel thugs and international terrorists flow like water over the line that used to be our southern border.
Matt O’Brien is the director of investigations at the Immigration Reform Law Institute. Prior to working for IRLI he was an Immigration Judge assigned to the U.S. Immigration Court in Arlington, VA. He has also served as a division chief at U.S. Citizenship and Immigration Services and as assistant chief counsel with U.S. Immigration and Customs Enforcement.
Also published at American Liberty News, September 12, 2022.
Sign up for our email newsletter to stay up to date with immigration reform in the United States.
Attorneys United for a Secure America (AUSA) is a non-partisan affiliation of talented attorneys dedicated to pursuing cases that serve the national interest when it comes to immigration law.
If you are interested in joining the network, visit the AUSA website.