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By Bethany Blankley (The Heart Sq.)
On the identical day the U.S. Division of Justice filed a civil criticism in opposition to Texas over a floating barrier of buoys strung collectively within the Rio Grande River, Gov. Greg Abbott despatched a letter to President Joe Biden saying that Texas has a proper to defend its border.
The Division of Justice stated the floating barrier was constructed with out federal authorization as required beneath the Rivers and Harbors Act and creates a humanitarian risk. The criticism seeks to cease development of the barrier and to require Texas to take away it.
However Abbott is having none of it.
The Texas governor’s formal letter despatched Monday is a observe as much as the discover he gave on Friday in response to the DOJ saying its civil motion was coming. DOJ’s lawsuit additionally was filed Monday.
Abbott’s two-page letter copies Lawyer Normal Merrick Garland and three Texas officers: the provisional lawyer common and heads of the Texas Army Division and Division of Public Security. He additionally consists of copies of two letters he beforehand despatched to the president, the primary of which was despatched final November explaining Texas’ constitutional proper to safe its border. The second he hand delivered on Jan. 8, 2023, outlining options the president may take instantly to safe the border.
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Abbott, a former Texas Supreme Courtroom justice, wrote, “In accordance with Article I, § 10, Clause 3 of the U.S. Structure, I’ve asserted Texas’s “sovereign curiosity in defending [her] borders,” citing Justice Antonin Scalia’s dissent within the 2012 U.S. Supreme Courtroom case, Arizona v. United States. “I’ve completed so in my position because the commander-in-chief of our State’s militia beneath Article IV, § 7 of the Texas Structure,” citing a ruling within the 2023 case, Abbott v. Biden, when the federal choose on this case held that “the Structure forbids President Biden from bypassing the States [and] getting into Governor Abbott’s sneakers.”
Abbott additionally states that the president’s “ongoing violation of Article IV, § 4 of the U.S. Structure has left me no different alternative” than to safe the Texas border and block unlawful entry. He additionally factors to arguments he made within the letters he beforehand despatched and reiterates what he informed the president in El Paso, Texas, on Jan. 8: “All of that is taking place as a result of you might have violated your constitutional obligation to defend the States in opposition to invasion via trustworthy execution of federal legal guidelines.”
In response to DOJ attorneys claiming Texas’s floating marine boundaries violate Part 10 of the Rivers and Harbors Act, Abbott says their evaluation “misses the mark. In that statute, Congress decreed that ‘it shall not be lawful to construct . . . any wharf, pier, dolphin, increase, weir, breakwater, bulkhead, jetty, or different constructions in any . . . water of america.’
“To state the plain, that statute doesn’t describe any motion by the State of Texas.”
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Texas started the Rio Grande initiative to stop unlawful entry on state land between ports of entry.
Abbott additionally locations the blame on Biden for any humanitarian disaster on the border. Responding to DOJ lawyer accusations, he writes, “Mr. President, your finger factors within the flawed route. Neither of us needs to see one other loss of life within the Rio Grande River. But your open-border insurance policies encourage migrants to danger their lives by crossing illegally via the water, as a substitute of safely and legally at a port of entry. No one drowns on a bridge.
“Should you really care about human life, you could start imposing federal immigration legal guidelines,” he continued. “By doing so, you possibly can assist me cease migrants from wagering their lives within the waters of the Rio Grande River. You too can assist me save Texans, and certainly all Individuals, from lethal medicine like fentanyl, cartel violence, and the horrors of human trafficking.”
The letter got here as over 175,000 overseas nationals had been reported illegally coming into the southern border alone in June, together with not less than 70,200 in Texas and as Division of Homeland Safety Secretary Alejandro Mayorkas continues to assert the border is safe.
Syndicated with permission from The Center Square.
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