Texas Governor Greg Abbott took another step on Thursday in an effort to stem the flow of unlawful migration over the southern border by issuing an executive order. The order authorizes state authorities to send unlawful migrants caught in Texas back to the international border.
“I … authorize and empower the Texas National Guard and the Texas Department of Public Safety to respond to this illegal immigration by apprehending immigrants who cross the border between ports of entry or commit other violations of federal law, and to return those illegal immigrants to the border at a port of entry,” Abbott wrote.
Abbott has previously made agreements with the governors of several Mexican border states to increase law enforcement apprehensions on the southern side of the border before unlawful migrants cross into the United States.
In a statement announcing the order, Abbott laid the blame for the high numbers of unlawful migrants coming into the state at the feet of the Biden administration. He cited the administration’s inaction in allowing Title 42 exemptions to expire and refusal to continue a controversial policy referred to as the “Remain in Mexico” policy among its “failures.”
“The cartels have become emboldened and enriched by President Biden’s open border policies, smuggling in record numbers of people, weapons, and deadly drugs like fentanyl,” the governor said.
In the news release, Abbott said more than 5,000 unlawful migrants were captured over the July 4 weekend. In late June, a tractor-trailer was discovered in San Antonio, Texas, that contained the bodies of 46 unlawful migrants. An additional seven have died since being rescued from the truck.
A recently released study by the International Organization for Migration’s Missing Migrant Project (OIM) found that the U.S. southern border is the deadliest land crossing in the world. According to data released by OIM, 728 unlawful migrants died making the crossing in 2021. There have already been 493 deaths in 2022, and the rising summer temperatures will make the journey even more dangerous.
Abbott asserted that not securing the border would “allow [cartels] to smuggle more dangerous people, drugs, and weapons into Texas, and embolden cartel gunmen to continue shooting at state and federal officials.”
The governor previously issued a declaration of emergency which activated the National Guard as part of Operation Lone Star. He credits the multi-jurisdictional set of directives with increasing unlawful migrant apprehensions and reducing the amount of smuggled drugs entering U.S. communities.
“President Biden’s failure to protect our border has necessitated action by the State of Texas to ensure public safety and to defend against violations of its sovereignty and territorial integrity,” he wrote in Thursday’s executive order.
It is unclear what will be done with the unlawful migrants once they have been delivered to the ports of entry, which are overseen by federal immigration authorities.
Aaron Reichlin-Melnik, policy director for the American Immigration Council, told The Texas Tribune that Abbott’s order could be interpreted as an attempt by state authorities to enforce immigration law, a power reserved for the federal government.
“Gov. Abbott is inviting a lawsuit from the Biden administration just as the Arizona legislature did over a decade ago … which led to the Supreme Court laying out that the federal government alone has authority to do immigration enforcement,” he said.
Doris Meissner, a senior fellow at the Washington-based Migration Policy Institute who formerly ran the U.S. Immigration and Nationalization Service, echoed this sentiment.
“Where would be the authority [come from] for state officials to transport people they suspect of being in violation of immigration law and having just recently crossed without arresting them for some reason?” she asked.
On the other hand, proponents of an aggressive approach to border policy, such as the think tank Center for Renewing America, have urged Abbott to declare an invasion, which could open up avenues for unlawful migrants’ expedient removal.
Lt. Gov. Dan Patrick commented to Fox News, “If we’re being invaded under the Constitution, I think that gives us the power to put hands on people and send them back.”
Russ Vought and Ken Cuccinelli, officials with the Center, issued a statement in which they claimed the policy would be ineffective without declaring an invasion and ensuring that the unlawful migrants are removed across the border directly to Mexico.
“That is critical,” they said. “Otherwise this is still catch and release.”
Opposite these positions, a statement from State Senator César Blanco (D-El Paso) declared the “executive order is not an effective solution” because it does not address the true issue.
“Our borders are not facing an invasion,” Blanco said. “We are facing a humanitarian crisis that demands a humanitarian response. This policy is unconstitutional and the rhetoric is dangerous.”
While Abbott’s order does not officially declare an invasion, it does make reference to the concept.
“President Biden’s failure to faithfully execute the immigration laws enacted by Congress confirms that he has abandoned the covenant … that ‘[t]he United States . . . shall protect each [State in this Union] against Invasion,’ and thus has forced the State of Texas to build a border wall, deploy state military forces, and enter into agreements as described in … the U.S. Constitution to secure the State of Texas and repel the illegal immigration that funds the cartels,” Abbott wrote.
Texas spends more money on border security than any other state. Of course, the majority — 1,254 miles — of the 1,954-mile U.S. border with Mexico is along the Texas state line. The most recent state budget allocated nearly $3 billion to fund border security policies, many of which Abbott agrees fall under the responsibility of the federal government, not Texas.
However, due to what the governor asserts is an insufficient response by the Biden administration, he has enacted policies to address the issue.
“While President Biden refuses to do his job and enforce the immigration laws enacted by Congress, the State of Texas is once again stepping up and taking unprecedented action to protect Americans and secure our southern border,” Abbott said in his Thursday statement.