Governor Greg Abbott of Texas has strung more than 100 miles of razor wire along the banks of the Río Grande to seal up border breaches caused by the Biden administration’s alleged laxer policies. However, the Border Patrol broke or destroyed the wire in several places to facilitate migrants’ entry into the United States. A district judge dismissed Texas’ complaint on the grounds of sovereign immunity, but a 5th Circuit panel sided with Texas and issued an injunction. The Supreme Court later overturned the injunction.
Texas has accused the federal government of deceiving the justices on the fatalities caused by the wire. The state claims that the Border Patrol was not ready to conduct a rescue and never sought emergency access when they could have. Texas continues to occupy a park used by the Border Patrol and prohibits their entry, except in cases of emergency or boat ramp.
The lawsuit may serve as a stand-in for Governor Abbott’s larger border initiatives as he asserts his constitutional right to oppose what he calls an “invasion” at the border. The case is also related to President Biden’s new unilateral action aimed at thwarting fraudulent asylum applications at the border. Texas argues that the razor wire obstructs the asylum process, while the Biden administration maintains that migrants have the right to apply for asylum upon entering the United States.
The arguments presented in court revolve around conflicting interpretations of the Biden administration’s policies regarding asylum. Texas claims that the administration’s recent policy allows for the denial of asylum claims if too many individuals are attempting to enter the US, while the Justice Department argues that Congress has guaranteed the right to apply for asylum to anyone entering the United States, even with the new regulations.
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