Texas has the authority to continue building the wall and has begun doing so. We can place personnel in vehicles along the river and watercraft in the Rio Grande to prevent movement into the state.
By State Rep. Jacey Jetton
Texas Insider Report: AUSTIN, Texas – On another frigid, cold day here in Texas, the last week's winter storm was the first real test of our state's electric grid since Winter Storm Uri last year. People began wrapping up their work week early, and demand on the electric grid remained significantly lower than system capacity. At the same time, there were 46 customers without electricity in Fort Bend (covered by CenterPoint). These are local, isolated issues with power lines usually caused by ice or tree branches interfering with the power lines. Crews braved the cold all night to get everyone online as quickly as possible.
We have done a couple of Weekly Briefings digging into the electric grid, but this week I want to provide an update on the border. As I speak to groups around our region of the state, this has come up as a hot topic many times.
Unfortunately, this has been a concern for Texans for decades – and rightfully so. Many Texans, including myself, are absolutely fed up with it.
I visited the border to meet with Texas DPS, National Guard, Border Patrol, US HHS, and residents in the McAllen to Roma, Texas area to see firsthand what was happening.
I also continue to receive updates from Operation Lone Star about what is happening at our border.
As a quick reminder, Operation Lone Star was started March 4th of last year by Governor Abbott. This formed an umbrella for National Guard troops and the Texas Department of Public Safety to be deployed and work in tandem to secure our border.
Over the last year, Texas has passed tougher laws on trespassers, smugglers, drug dealers, and human trafficking. Texas also invested millions of dollars and countless man-hours into defending our southern border.
Over the last year, Texas has passed tougher laws on trespassers, smugglers, drug dealers, and human trafficking. Texas also invested millions of dollars and countless man-hours into defending our southern border.
What is most frustrating about this whole situation is the complete dereliction of duty, outright defiance of federal law, and failure by the federal government in their obligation to secure our country’s border.
This is a federal responsibility for the protection of the whole country, not just Texas. The Biden Administration has signaled to the world that our borders are open and this is how you come to America. You hire a smuggler and come in through the Rio Grande. It puts innocent people at risk and overwhelms our already strained immigration system and law enforcement officials who need to focus on violent criminals and criminals bringing over drugs.
This contrast in how the state and federal government handle the border has led to complete chaos.
So, who is ultimately responsible and who has the authority to do what?
The United States Constitution gives the U.S. Congress the authority to establish an uniform naturalization process in Article I, Section 8, Clause 4. Naturalization being the act of adopting a foreigner and granting the the privileges of a native citizen.
Immigration therefore also falls on the federal government, and is understood by the Supreme Court as being a plenary power under Article I, Section 8, Clause 18 of the U.S. Constitution.
The United States Constitution gives the U.S. Congress the authority to establish an uniform naturalization process in Article I, Section 8, Clause 4. Naturalization being the act of adopting a foreigner and granting the the privileges of a native citizen.
Immigration therefore also falls on the federal government, and is understood by the Supreme Court as being a plenary power under Article I, Section 8, Clause 18 of the U.S. Constitution.
Title 8 of the USC 1227 establishes the deportation process, for non-citizens can be returned to their country of origin. Case law is establishing how long a non-citizen may be detained until they are returned to their country of origin, if they are accepted back. The ability to move a person to another country requires an agreement between the two countries. This begins the discussion of what an individual state can and cannot do. Texas cannot detain and execute a federal deportation order on our own without an agreement with the country of origin.
Texas cannot create and execute it’s own immigration laws in conflict with federal laws. Those federal laws in place are not being enforced by the federal government. This is why the State of Texas is currently suing the Biden Administration.
- Texas did however create a system to detain non-citizens trespassing or committing other state crimes in Texas.
- We passed laws to make it easier to go after smugglers and to crack down on human trafficking.
- Fentanyl is a very dangerous drug coming over our border and in turn, Texas enhanced penalties on manufacturing and distributing it here in Texas.
- When a non-citizen commits a crime in Texas, we have an opportunity to detain them for that crime and it becomes part of the file that U.S. Immigration & Customs Enforcement (ICE) uses in the deportation criteria.
Some constituents have reached out with questions about the pay and care of our National Guard members who are working hard at the border keeping our state safe. The Texas Military Department posted a lengthy press release answering questions about pay, mental health, COVID procedures and more. You can read the full statement here.
If you know of a man or woman in the National Guard who needs assistance with pay, mental health, or anything else, please do not hesitate to share our contact information. Our office will support any member of the National Guard, regardless of the district they live in.
Texas is currently taking unprecedented action to secure a federal border when the administration has failed to do so. We are tackling this from a legal perspective, utilizing the Texas National Guard, increasing available funds, and partnering with individuals and organizations to find creative solutions to the crises at the border.
