Policy
Written by Bethany Blankley (Center Square)
Florida Gov. Ron DeSantis is among 25 governors who have expressed support for Texas defending its border. He was one of the first governors to send reinforcements to support Texas Gov. Greg Abbott's efforts in Operation Lone Star border security nearly two years ago.
DeSantis responded to the Biden administration's ultimatum on Thursday for Abbott to remove razor wire barriers it built and relinquish control of a park in Eagle Pass, Texas. The president is also demanding that Texas allow access to a 2.5-mile swath of state land along the Rio Grande so Border Patrol agents can allow illegal alien citizens to enter between ports of entry.
Abbott believes that doing so constitutes a direct violation of the laws established by Congress and the United States Constitution, and he refuses to comply with any demands.
The conflict escalated after the US Supreme Court ruled that Border Patrol agents could destroy Texas razor wire barriers at Eagle Pass. Texas is not required to remove barriers or stop enforcing state law.
The Biden administration says Texas' actions are unconstitutional and disrupt Border Patrol operations. Abbott says the president facilitated criminal activity, violated his oath of office, and violated the federal government's compact with the states.
The escalation continues as calls for President Joe Biden to federalize the Texas National Guard raise additional constitutional issues. If Texas forces are federalized when called upon under constitutional authority to secure Texas' borders, such a move could constitute an impeachable offense, a constitutional law expert says.
On Thursday, DeSantis posted a video asking, “Can the federal government defy the law and force a state to allow an alien invasion?” To which the Founding Fathers responded, “No.”
DeSantis said the president's demand that Texas “remove fortifications along its border to let people in illegally is crazy.” “If the Constitution had originally been understood to mean that a state could not protect itself against invasion, and that the federal government could force a state to allow invasion, the Constitution would never have been ratified in the first place. Texas would never have joined the Union when it did.”
He also pointed to Federalist 46 in which Founding Father James Madison described “situations in which federal encroachment may be mitigated by state action.” Texas “holds its ground and has every right to fortify the border visa by conquest,” he said, referring to Article 1, Section 10 of the Constitution.
The provision has been cited in invasion resolutions issued by officials in 51 Texas counties, and more are expected to follow. Kenney, Goliad and Terrell counties were the first to declare an invasion in Texas and U.S. history, on July 5, 2022. The constitutional issues at hand today are what they warned about in 2021 when they were also the first to issue disaster declarations, citing the border crisis.
DeSantis also pointed to situations “in which liberal jurisdictions have for many years served as a haven against the enforcement of federal immigration law.” “They will intentionally act to frustrate the laws that are on the books, and that is somehow seen as acceptable” but it is not acceptable for Texas to “enforce the laws that are on the books to ensure that they have a safe country and that we have a safe country,” he said.
“So this is all just bullshit of what Biden is doing,” DeSantis continued. “Texas has every right to stand its ground. We in Florida have been sending people to help for many years because we realize that it's not just a Texas problem, it's ultimately an American issue. If we do not have sovereignty in this country, we will no longer be a country. Texas has every right to stand its ground to stay the course and Florida will continue to be there to help every step of the way.
Reprinted with permission from Center Square.
