Texas might face a court battle with the Biden administration over immigration policy, with the state’s top attorney urging GOP Gov. Greg Abbott to send migrants to Washington, D.C., in violation of federal law.
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Arizona v. the United States, a 2012 Supreme Court judgement, prohibits states from enacting their own immigration policy and is a “challenge” for Texas’ efforts, according to Republican Attorney General Ken Paxton. Nonetheless, he wants Texas to press forward with busing migrants to Biden’s doorstep, and he hinted that the Supreme Court, which now has a firm 6-3 conservative majority, may take a fresh look at the matter.
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“I believe that decision was made incorrectly,” Paxton said of the Arizona case on “Fox and Friends.” “So I’d urge the governor to send people out of our state and challenge us in federal court, then appeal to the United States Supreme Court.”
Paxton said he wasn’t daring the Biden administration to sue Texas in an interview with Fox News Digital on Saturday “I’m challenging them to abide by federal law. But why should the governor not be allowed to safeguard his state if they aren’t going to?”
Abbott’s declaration this week that he’d transport the migrants to Washington, D.C. by charter buses and aircraft to bring the crisis to Biden’s doorstep has sparked a legal tempest.
Republicans and some Democrats are outraged that the Biden administration will remove the Title 42 public health emergency, which has been utilised to expedite the deportation of the bulk of migrants at the border due to the coronavirus pandemic. They’ve warned that it will result in a surge in migration, on top of the already large numbers that Border Patrol encounters every day.
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Abbott’s announcement was criticised by the White House as a “publicity ploy” since he lacked legal authority.
In the White House press room on Thursday, Psaki told Fox News’ Peter Doocy, “I think it’s very evident that this is a PR ploy.” “I am aware that the governor of Texas, or any other state, has no legal authority to compel anyone to board a bus.”
“His own office recognises that a migrant would have to voluntarily be transported, and he can’t compel them to because, again, enforcement of our country’s immigration laws is the responsibility of the federal government, not a state,” Psaki stated.
Texas, undeterred, has dispatched buses to southern border towns to collect border crossers and transport them to the US Capitol. According to officials, the Texas Division of Emergency Management (TDEM) has despatched an undefined number of buses to small Texas communities overwhelmed by an inflow of migrants placed there by the federal government.
Paxton said he believes preparations are being made, but that actual transport to Washington, D.C., will not happen until next month to coincide with the revocation of Title 42, and that he would defer timetable questions to the governor.
Abbott’s office addressed busing logistics to the Texas Department of Transportation, which stated Paxton’s claims were “incorrect” and that the “operation is now ongoing.”
TDEM’s chief of media and communications, Seth Christensen, pointed Fox News Digital to the agency’s Friday statement, which noted that communities that had initially requested assistance “have now said that the federal government has stopped dropping migrants in their towns since the Governor’s announcement on Wednesday.”
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Lt. Christopher Olivarez of the Texas Department of Public Safety told Fox News that the busing to Washington, D.C., will be done at the request of local towns in need of assistance.
“The governor’s plan is for any mayors or county judges who feel overwhelmed or have strained resources to contact the Texas Division of Emergency Management (TDEM), which is in charge of the crisis, and they will offer transportation from Texas to Washington, D.C.”
“From Texas to Washington, D.C., it’s one straight trip,” Olivarez told Fox News’ Neil Cavuto on Saturday. “As a result, it’ll be incredibly effective.”
In the Arizona v. United States case, the Supreme Court struck down a 2010 Arizona law that made it a state criminal for undocumented immigrants to remain in the state without proper authorization, to work in Arizona, and to authorise state police to arrest those with probable cause of deportation. According to the court, such immigration concerns are primarily the responsibility of the federal government.
“If you’re not going to let us deport these people –- whether we don’t have the authority to do that, and we’re in the middle of a lawsuit to see if we do – then why not send them to Joe Biden’s doorstep and let him deal with the problem because he’s the one who created it,” Paxton added.
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