Joe Biden — and the Courts — Should Stop Messing With Texas


October 31, 2023

By William Davis

Through its reckless and destructive immigration policies, the Biden Administration has imposed unprecedented strain and degradation on the state of Texas and its people. Now, the Lone Star state is fighting back.

With the state facing an endless incursion at its border and receiving little help from the federal government, Texas is taking a bold stand in defense of its sovereignty. Lawmakers in the Texas state legislature recently advanced a bill that would allow the state to deport illegal aliens back to their home country, or sentence them to up to 20 years in prison. 

This legislation is aggressive, necessary, and well timed. While the border crisis Team Biden has imposed on the U.S. has touched every part of the country, no state has had to bear a bigger burden than Texas. The state has seen at least 3.7 million illegal aliens cross its border with Mexico since 2021, according to U.S. Customs and Border Protection, and that number is likely a woeful undercount. 

Put simply, Texas is being invaded, and the root cause of the invasion is the federal government. Under the U.S. Constitution, the federal government has a responsibility to protect every state in the union from invasion. Unfortunately, current federal leadership has sidelined the Constitution in favor of a radical, anti-borders agenda. The Biden Administration is not only refusing to protect Texas from their invasion, but they are actively facilitating the invasion in hopes that the arrival of large numbers of foreign nationals dependent on the government will pay long-term political dividends for themselves and their party. 

Texas has spent the last three years attempting to draw attention to its plight, most notably by bussing tens of thousands of illegal aliens to major so-called sanctuary cities, including New YorkLos Angeles, and Chicago.

This initiative has succeeded in forcing the corporate media to cover the crisis, and in forcing the sanctuary politicians who lead these cities to squirm, but the Biden Administration has still steadfastly refused to alter its policies. In fact, the administration has been aggressive in sabotaging attempts by the Texas state government to protect its borders. 

The administration has been aggressive in sabotaging attempts by the Texas state government to protect its borders. 

After the state set up razor wire at the border to prevent illegal aliens from crossing, the administration forced demoralized Border Patrol agents to cut through the wire. After Texas placed floating border barriers in the Rio Grande to stop illegal aliens from swimming across the border, the Biden Administration sued them to have them taken down.

At this point, it seems a futile hope that the Biden Administration will ever realize the error of its ways and perform its constitutional duty to protect the state of Texas and the nation from invasion. Texas has no other choice but to take matters into its own hands in order to protect its people and its territory. The legislation making its way through Austin right now is a good start, and the state’s building its own border barriers is a good idea as well. No doubt, these policies will cause consternation in the agenda-driven media and lead to more lawsuits from the federal government. So be it.

Such lawsuits should be swiftly dismissed. Does anybody believe the states would have agreed to ratify the Constitution in the 1780s if it prohibited them from protecting their citizens against invasion? In fact, the Constitution places the decision about whether a state has been invaded, and what war powers a state may exercise in response, in the hands of that state. Courts should find these questions improper for judicial resolution, step aside, and let Texas get on with its self-defense. This situation is unprecedented, to be sure, but the unprecedented anti-borders policies of this administration have placed us in it. 

We have never had an administration in U.S. history that has so debased the nation’s sovereignty by inviting millions of foreign nationals to surge over the border. Unprecedented problems call for unprecedented solutions, and the Texas legislature is making clear that Texas will exercise its right to protect its sovereignty if the federal government refuses to do so. 

This White House and its cronies have done immense damage to the Lone Star state and the country at large. If the Biden Administration refuses to secure the border, the least they can do—and the best the courts can do—is stand aside and stop messing with Texas.

William J. Davis is a communications associate for the Immigration Reform Law Institute, a public interest law firm working to defend the rights and interests of the American people from the negative effects of mass migration.

Also published at Townhall, October 31, 2023.

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