Yesterday (March 13, 2024), America’s Future filed an Amicus brief to the United States Court of Appeals for the Fifth Circuit in United States of America v Greg Abbott, in his official capacity as Governor of Texas et al., Dkt. No. 23-50149. This case is one of several lawsuits filed by the federal government to prevent Texas from defending itself against an invasion of its border by illegal aliens, including suspected terrorists, violent criminals, and traffickers that have been flooding into America through the Mexico-Texas border since day one of Joe Biden’s presidency.
The particular issue in this case is whether Texas Senate Bill 4 (SB 4) is constitutional. Signed into law by Governor Abbott on December 18, 2023, SB 4 makes an illegal entry across the Texas border a criminal offense, punishable by up to 20 years in prison. The bill authorizes state and local law enforcement officers to return illegal aliens to the Mexican border and to require they re-cross the border. SB 4 was scheduled to become effective on March 5, 2024, however on February 29, 2024, a federal district court in Texas issued a preliminary injunction, preventing Texas from enforcing this law.
Texas appealed the district court’s injunction, and on March 2, 2024, the Fifth Circuit Court of Appeals granted Texas relief by issuing an administrative stay of the district court’s injunction. However, on March 4, 2024, Justice Alito issued an administrative stay of the Fifth Circuit’s stay order (thus allowing the district court’s injunction to go into effect) until March 13, 2024 while the Supreme Court considers whether SB 4 must remain paused while the merits of the case are litigated through the court system. On March 12, 2024, Justice Alito extended administrative stay to March 18, 2024 at 5:00 pm (EDT).
As for the merits of the case, the federal government argues that the law is unconstitutional based on the Supremacy Clause and the Dormant Commerce Clause. Texas raises arguments based on its right to defend itself against an invasion. Texas argues that millions of illegal aliens, including many trafficked across the border by hostile drug cartels, illegally entering its territory constitutes an “invasion,” and we agree.
Our brief argues that there is an invasion, and that Article IV, Sec. 4 of the U.S. Constitution authorizes state action without the consent of the federal government.
Texas’s rights of self-preservation and self-defense are essential to the concept of government and state sovereignty and the actions taken by Texas, including criminalizing illegal trespass into its jurisdiction, are found in the police powers under the Tenth Amendment which provides each of the 50 states with plenary power to regulate matters affecting the health, safety, and welfare of all those within its jurisdiction.
Biden’s border crisis is an abject failure of the federal government. Texas’s actions serve the interests of Americans, a responsibility the Biden administration continues to shirk.
We fervently oppose all attempts by the current administration to undermine Governor Abbott’s response to Biden’s border crisis. Texas has not only enacted new laws to deter criminal crossings, but has implemented a comprehensive initiative that it calls “Operation Lone Star,” deploying the Texas National Guard and others to “work around-the-clock to detect and repel illegal crossings, arrest human smugglers and cartel gang members, and stop the flow of deadly drugs like fentanyl into our nation. While the federal government ignores this crisis, Texas is holding the line.”
We, at America’s Future, agree that Governor Abbott’s actions save American lives and advance America’s interest in maintaining the sovereignty of our Republic. Biden and his administration’s lawsuits against Texas are offensive to reason and an assault on our founding principles.
Editor’s Note: To read all of our Amicus briefs, please visit our Law & Policy page.
