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TX First Asst. AG Asks Congress for Border Help

First Assistant Attorney General Brent Webster.
First Assistant Attorney General Brent Webster. | Image by Kylie Cooper/The Texas Tribune

The first assistant attorney general of Texas, Brent Webster, appeared before the House Judiciary Subcommittee on the Constitution and Limited Government on Tuesday to discuss the ongoing dispute between Texas and the federal government at the southern border.

The hearing, titled “The Southern Border Crisis: The Constitution and the States,” also featured testimonies from Mark Brnovich, the former attorney general of Arizona; Christopher Hajec, director of litigation at the Immigration Reform Law Institute; and Omar Jadwat, director of the Immigrants’ Rights Project for the American Civil Liberties Union.

Webster opened his testimony by stating that the goal of the Texas Attorney General’s Office was to “hold the federal government accountable for their illegal actions,” adding that the open border policies enacted by the Biden administration have brought “chaos into America.”

“While Texas has done its part to aid the U.S. Border Patrol, the federal government continues to fail us. The Biden administration refuses to exercise its power to deny entry, which predictably results in more and more individuals illegally crossing the border,” he said.

Webster made it clear during his testimony that “at no point is Texas contesting the right of any party to avail themself of a legal port of entry,” adding that “the illegal entry is where the major harm is done.”

The first assistant attorney general accused the federal government of assisting migrants in crossing into the country unlawfully, saying that Texas needs Congress to help the state with the record-high levels of unlawful migration.

“Instead of supporting our attempts to route these individuals to the port of entry and prevent the felony of illegally crossing the border, the federal government has turned its guns against us and used their resources to sue the state of Texas for defending itself,” said Webster.

“They are snubbing their nose at Congress. They show up in the U.S. Supreme Court, and they argue that they have prosecutorial discretion to disregard the laws Congress passed in the 90s. Congress should care about that, and Congress should do something about that,” he added.

Texas and the Biden administration have been mired in litigation over the state’s efforts to secure its own border.

Attorney General Ken Paxton filed a lawsuit against officials from the Biden administration over allegations that federal agents were cutting concertina wire that the state placed along the border to deter unlawful migration.

A U.S. Supreme Court ruling then vacated an injunction preventing federal agents from cutting the wire, prompting Texas to begin installing additional deterrents along the border.

Additionally, the Texas National Guard seized Shelby Park in Eagle Pass, claiming that the federal government has chosen to “perpetuate illegal crossings,” as previously reported by The Dallas Express.

“Governor Abbott is trying to pick a fight with President Biden to score political points, and he is abusing the National Guard resources at his disposal,” said Rep. Joaquin Castro (D-TX), blasting the state’s move in a statement, per The Texas Tribune. “Texas National Guard troops volunteered to serve their country – not to be pawns in Governor Abbott’s attempts to sow chaos at the border.”

A cease and desist letter was sent to Paxton following the seizure, which he responded to by sending a letter to the Department of Homeland Security’s general counsel with a list of counter-demands that must be met before the state would agree to leave the park.

Although it is still unclear what steps the federal government will take next, Paxton did write in his letter that he has enacted a deadline of February 15 to receive the requested items.

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