Feds vs. Texas: the fight heats up

The federal government and Texas are locked in a contentious tug-of-war over the U.S. southern border, embroiled in a heated debate about the execution of the Biden Administration’s failed immigration policy. With an estimated 7.2 million illegal border crossings, including nearly two million known “gotaways,” since the president took office and rolled back the previous administration's stricter policies, the crisis on the border has been a major pain point for Biden. Polling shows that as of February 2024, voters considered immigration the single most important issue facing the country, while nearly 60 percent, an all-time high, disapproved of Biden’s response.

Amidst the ongoing crisis — which voters increasingly characterize as an “invasion” — and Biden’s approval fallout, the state of Texas has begun to push back, challenging the federal agenda with more aggressive measures of its own. For example, in December 2023, Texas lawmakers passed Senate Bill 4, an immigration enforcement bill that would have made it a state crime to cross the Texas-Mexico border illegally, enabling state police to arrest individuals suspected of crossing. Set to go into effect in March, the bill was blocked by the Supreme Court on Monday, pending an ongoing lawsuit from the federal government. 

Despite this setback, according to Texas Governor Greg Abbott, “Texas is still using its authority to arrest illegal immigrants for criminal trespass and other violations of law.” Additional state-led initiatives include the construction of the border wall and installation of razor wire fencing.

As illegal border crossings surged once more in February, following a record high in December, the federal government is, in essence, seeking to disarm Texas from responding. This has prompted 25 state governors to sign a letter of solidarity with Gov. Abbott, “supporting Texas’ right and duty to secure” its southern border.

“President Biden and his Administration have left Americans and our country completely vulnerable to unprecedented illegal immigration pouring across the Southern border,” the letter stated. “Instead of upholding the rule of law and securing the border, the Biden Administration has attacked and sued Texas for stepping up to protect American citizens from historic levels of illegal immigrants, deadly drugs like fentanyl, and terrorists entering our country.”

However, as former U.S. Senator Rick Santorum and Convention of States President Mark Meckler pointed out, a letter merely “complaining to the president” is unlikely to make a difference.

“Under our Constitution, it is clear that the states don’t need to beg the federal government to protect their legitimate sovereign interests, like protecting the safety of their people,” said Santorum and Meckler. “Article V of the Constitution gives the states the power to amend the Constitution to protect the people from both federal abuse or misuse of power without the permission or involvement of the President or Congress…. If all of those states were serious about the letter they signed they would act and fire a shot across the bow of the massive federal ship of state and immediately pass a resolution to begin the process of securing our borders… while striking a blow against our increasingly authoritarian federal government.”

In this historic clash between the states and Washington, Convention of States is hard at work to elevate the voice of the American people, revitalize self-governance, and rein in Washington, D.C. — all through the power of Article V of the U.S. Constitution. To join us, sign the Convention of States petition below!