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      Texas’s ‘states’ rights’ argument in the border dispute sets a dangerous precedent

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      Over the past few weeks, a quiet legal crisis has been unfolding on the US-Mexico border. Texas has seized control of part of the border and claimed the right to prevent federal authorities from exercising jurisdiction there. After the US supreme court ruled that the federal government could tear down razor wire erected by Texas authorities, the state vowed to erect more – and Governor Greg Abbott claimed that because the federal government had failed to protect his state from an “invasion” of refugees, it has “broken the compact between the United States and the States” and lost the right to exercise authority over the border altogether.To understand why this is so alarming, you need to see it in two historical contexts. The first is the notion of a “compact” between the states. This idea holds that the constitution is not the supreme law of the land but rather a mere agreement between independently sovereign states. Those states hence retain the right to decide when certain actions by the federal government break the compact – and to reclaim their independence accordingly.This idea – sometimes known as “compact theory” – was key to the quasi-legal arguments deployed by the Confederate states in the 19th century to justify first secession, and then civil war. As well as being rejected by the framers of the constitution, it was also explicitly ruled incorrect by the supreme court once the civil war was over. Nowadays, there is really no such thing as “compact theory” outside of the imagination of neo-Confederates and other far-right groups – there’s just federal law, and actions that break that law.Secondly, the erroneous idea of the compact and the broader agenda of “states’ rights” of which it is a part have often been deployed in order to advance a white supremacist agenda. Slavery is the most notable example. But the southern states – including Texas – also invoked these ideas to defend the system of Jim Crow, which within living memory denied full rights to generations of African Americans. Only the civil rights movement forced a change.Another part of this tradition is the inversion of the realities of power and violence which lie at its heart. Slavery was justified in part by arguments that the slaves, if freed, would threaten and even exterminate the white race. Jim Crow was reinforced by the related idea that free Black people would, if not physically eradicate white people, destroy the white body politic by contaminating it with unfit citizens. In each case the reality of who was really a threat to whom – the slavedriver to the slave, the Klansman to the free Black citizen – was hidden by an elaborate ideology of fear which in reality was used to justify the continuation of white supremacy.By claiming the right to nullify federal authority in order to wield lethal force against non-white migrants, Abbott is placing himself squarely in the center of these two traditions. His actions have already contributed to the death of two children and a mother who drowned in the Rio Grande as Texas authorities prevented federal agents from coming to their aid. Refugees are among the most powerless people in the world, but to Abbott they are elements of an “invading” force which threatens the security of Texas and the United States. Like his predecessors, he believes that even the constitution shouldn’t stand in the way of his ability to harm them.But just because Abbott is invoking some of the most sordid chapters in American history to justify his actions doesn’t mean we should have confidence that he will fail.One of the most disturbing aspects of this whole affair is that despite Abbott’s arguments having no legal merit, four supreme court justices were willing to endorse Texas blocking federal authorities from removing the razor wire at the border. The fact that this case was so narrowly decided is a five-alarm fire that suggests we are only one new court decision or one new Republican supreme court appointment away from a radical restructuring of America’s constitutional order. Future historians may look back on the 2020s as a turning point as profound as the civil rights movement of the 1960s – and one in which the pendulum swung back the other way.What Texas is doing also dramatically raises the stakes of this year’s presidential election – and not just because the next president may be able to pick another supreme court justice. With so many Republicans endorsing the idea that the situation at the border can be characterized as an invasion, the road seems to be open for a Republican president to make a federal invasion declaration.This would not only pave the way for an even more militarized treatment of refugees, but also allow the federal government to suspend the rights of millions of Americans living in border areas if it deems such a step necessary to repel the supposed attack.Luckily, there are legal and institutional barriers to such a step – many constitutional scholars believe that a federal invasion declaration requires an act of Congress. But in this case as in others, all roads lead to the supreme court, and it has already signaled its openness to many extreme ideas. America is in a time of great constitutional danger, and the border may be both an early warning sign – and the place where the country ultimately comes unstuck.
      Andrew Gawthorpe is a historian of the United States at Leiden University. He writes a newsletter called America Explained More

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      Senate to vote next week on bipartisan border bill, Schumer says

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      The US Senate will vote next week on a bipartisan bill that would strengthen security at the US-Mexico border and also provide more aid to Ukraine and Israel, the chamber’s top Democrat, Chuck Schumer, said on Thursday.“We cannot simply shirk from our responsibilities just because the task is difficult,” Schumer said on the Senate floor, adding that the text of the package will be released by Sunday, with the initial vote taking place no later than Wednesday.Senate negotiators have been in talks over the package for months. Donald Trump, who is seeking re-election to the White House and is the frontrunner for the Republican nomination, has urged lawmakers to reject the deal.The Republican House speaker, Mike Johnson, has also voiced skepticism about the talks, saying that if it emerged from the Senate the bipartisan legislation would be “dead on arrival” in the GOP-controlled House.A bipartisan group of senators have for weeks been looking for an agreement to implement stricter immigration policies and stop undocumented migrants at the southern border with Mexico. Numbers have fluctuated during Joe Biden’s presidency but are currently at record levels.Republicans have named passing the legislation as their price for approving aid to Ukraine, whose cause rightwing lawmakers have soured on as the war has dragged on and as Donald Trump, who has been ambivalent about sending arms to Kyiv, draws closer to winning the Republican presidential nomination.Congresses and presidents since the days of George W Bush have tried and failed to reform the US’s system for admitting workers and immigrants, including screening undocumented migrants and asylum seekers.The long odds of the latest negotiations succeeding were underscored last week when the Senate minority leader, Mitch McConnell, told his lawmakers that because Trump wanted to campaign on immigration reform, he doubted that the party would support any agreement that emerges from the talks. Biden is suffering at the polls on economic factors but also on conservative voters calling for greater security at the border.Senators from both parties expressed outrage over Trump’s apparent and sudden influence after almost daily talks. Chris Murphy, the main Democratic negotiator in the talks, said: “I hope we don’t live in a world today in which one person inside the Republican party holds so much power that they could stop a bipartisan bill to try to give the president additional power at the border to make more sense of our immigration policy.”The following day, Politico reported that McConnell had changed his tone, telling Republicans in a meeting that he still supported the talks.Now Schumer has signaled that the bill may be ready in the Senate. Details of what is in the legislation have not been disclosed.Meanwhile, the homeland security secretary, Alejandro Mayorkas, who has been involved in the talks, is facing a rare impeachment of a cabinet member by the House, over his handling of the southern border.Reuters contributed reporting More

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      House Republicans move to impeach homeland security secretary

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      House Republicans voted along party lines after midnight on Wednesday to move toward impeaching the homeland security secretary, Alejandro Mayorkas, for a “willful and systematic” refusal to enforce immigration laws as border security becomes a top 2024 election issue.In a charge against a cabinet official unseen in nearly 150 years, the homeland security committee debated all day on Tuesday and well into the night before recommending two articles of impeachment against Mayorkas to the full House.The committee Republicans voted in favor, while the Democrats unified against, 18-15.The partisan showdown reflected the Republicans’ efforts to make the Republican presidential frontrunner Donald Trump’s hardline deportation approach to immigration their own.That approach was mirrored on a second front on Tuesday, as Republicans also lambasted the border deal recently brokered between the Joe Biden White House and a bipartisan group of senators, Democrats and Republicans alike.Mayorkas, in a letter sent to the Republican chair of the House committee on homeland security before the hearing began, dismissed the impeachment process against him as “politically motivated”.“I have been privileged to serve our country for most of my professional life. I have adhered scrupulously and fervently to the oath of office I have taken six times in my public service career,” Mayorkas wrote.“I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted.”The Republican chair of the committee, Mark Green of Tennessee, criticized Mayorkas’s letter as an inadequate response to concerns about the situation at the US-Mexican border, where arrests for illegal crossings have reached record highs.“This 11th-hour response demonstrates the lack of seriousness with which Secretary Mayorkas views his responsibilities,” Green said. “We cannot allow this man to remain in office any longer. The time for accountability is now.”Democrats retorted that Republicans were making a farce out of the impeachment process by rushing to oust a cabinet official without showing any wrongdoing. House Republicans have presented no clear evidence that Mayorkas committed high crimes and misdemeanors, which is the requirement for impeachment. Their resolution accuses the cabinet secretary of refusing to comply with the law and breaching public trust.“We’re here based on two completely fabricated, unsupported and never-used-before articles of impeachment,” said the Democratic congressman Dan Goldman. “This is completely debasing and demeaning the impeachment clause of the United States constitution, and it is a gross, gross injustice to the credibility of this institution.”Now that the Republican-controlled committee has advanced the resolution, the House speaker, the Republican Mike Johnson of Louisiana, has indicated that the full chamber will vote on impeaching Mayorkas in the coming days. Even if the resolution passes the House, it will certainly fail in the Senate, where Democrats hold a majority.To demonstrate his scorn over the proceedings, the ranking Democrat on the committee, Bennie Thompson of Mississippi, introduced several procedural motions to delay the progress of the hearing.Thompson accused Republicans of attempting to impeach Mayorkas to boost the political prospects of Trump.“If House Republicans were serious about improving conditions along the border, they would provide the department the funding necessary to do so. They have not,” Thompson said. “They don’t want progress. They don’t want solutions. They want a political issue. And most of all, they want to please their disgraced former president.”Meanwhile, as the House moves forward with impeaching Mayorkas, Trump has called on Republicans to sink the border deal. Johnson has said that the proposal, a bipartisan arrangement that would grant Joe Biden the authority to shut down the border between ports of entry when attempted crossings increase to a certain level, would be “dead on arrival” in the House.Johnson is expected to address the House on Wednesday. At a press conference on Tuesday, he dismissed claims that Republicans were doing Trump’s bidding as “absurd” and insisted they were focused on addressing the situation at the border.“Our duty is to do right by the American people, to protect the people. The first and most important job of the federal government is to protect its citizens. We’re not doing that under President Biden,” Johnson said. “Our majority is small. We only have it in one chamber, but we’re trying to use every ounce of leverage that we have to make sure that this issue is addressed.”The White House attacked Johnson for flip-flopping, noting that the speaker previously called on members of both parties to “come together and address the broken border”.“Today, Speaker Johnson claimed he believes action should be taken to secure the border,” said the White House spokesperson Andrew Bates. “That’s exactly what President Biden and Republicans and Democrats in the Senate are doing. Speaker Johnson should join them.” More

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      Biden vows to ‘shut down the border’ if Senate immigration bill is passed

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      Joe Biden said on Friday that the border deal being negotiated in the US Senate was the “toughest and fairest” set of reforms possible and vowed to “shut down the border” the day he signs the bill.The bipartisan talks have hit a critical point amid mounting Republican opposition. Some Republicans have set a deal on border security as a condition for further Ukraine aid.Earlier in the day, the House speaker, Mike Johnson, said the deal is “dead on arrival” in its current form, according to a letter to Republican lawmakers in the House of Representatives reviewed by Reuters.Biden, a Democrat seeking another term in the 5 November elections, has grappled with record numbers of migrants caught illegally crossing the US-Mexico border during his presidency. Republicans contend Biden should have kept the restrictive policies of Republican former President Donald Trump, the frontrunner for his party’s nomination.“What’s been negotiated would – if passed into law – be the toughest and fairest set of reforms to secure the border we’ve ever had in our country,” Biden said in a statement.“It would give me, as President, a new emergency authority to shut down the border when it becomes overwhelmed. And if given that authority, I would use it the day I sign the bill into law.”The White House has agreed to new limits on asylum at the border, including the creation of an expulsion power that would allow migrants who cross the US-Mexico border illegally to be rapidly returned to Mexico if migrant encounters surpass 4,000 per day, three sources familiar with the matter said.If encounters pass 5,000 per day, the use of the expulsion authority would become mandatory, according to the sources who requested anonymity to discuss details of the private negotiations.In December, encounters averaged more than 9,500 per day, according to US government statistics released on Friday.The sweeping authority would be comparable to the Covid-era Title 42 policy put in place under Trump during the pandemic and which ended under Biden in May 2023.Migrants trying to claim asylum would still be able to do so at legal border crossings if the expulsion power was in effect, one of the sources said.The US would be required to allow at least 1,400 migrants per day to approach legal crossings to claim asylum if the expulsions were in effect, the source added.The bill aims to resolve asylum claims in six months without detaining migrants, the source said, faster than the current process, which can take years.Trump, however, took to social media last week to warn against any deal that fails to deliver everything Republicans want to shut down border crossings.Biden also urged Congress on Friday to provide the funding he asked for in October to secure the border.“This includes an additional 1,300 border patrol agents, 375 immigration judges, 1,600 asylum officers, and over 100 cutting-edge inspection machines to help detect and stop fentanyl at our south-west border,” the president said. More

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      Aid to Ukraine and Israel in doubt as House speaker says he won’t support deal

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      The prospects for the US Congress approving new aid to Ukraine as well as military assistance to Israel worsened on Friday after the Republican speaker of the House, Mike Johnson, said he was unlikely to support a deal under negotiation in the Senate that is considered crucial to unlocking the funds.A bipartisan group of senators have for weeks been looking for an agreement to implement stricter immigration policies and curtail migrant arrivals at the southern border with Mexico, which have surged during Joe Biden’s presidency. Republicans have named passing that legislation as their price for approving aid to Ukraine, whose cause rightwing lawmakers have soured on as the war has dragged on and Donald Trump, who has been ambivalent about sending arms to Kyiv, draws closer to winning the Republican presidential nomination.While the precise details of the immigration bargain have yet to be released, Johnson told his Republican colleagues in a letter that “if rumors about the contents of the draft proposal are true, it would have been dead on arrival in the House anyway”.Underscoring his stridency on the topic, Johnson reiterated his demand that the Democratic-controlled Senate vote on the Secure the Border Act, a hardline proposal that would essentially resurrect Trump’s immigration policy by restarting construction of a wall on the border with Mexico and forcing asylum seekers to wait in that country while their claim is processed.He also announced the chamber would move ahead with its plan to impeach the homeland security secretary, Alejandro Mayorkas, whom Republicans have accused of mishandling border security.“When we return next week, by necessity, the House Homeland Security Committee will move forward with Articles of Impeachment against Secretary Mayorkas. A vote on the floor will be held as soon as possible thereafter,” Johnson wrote.The speaker’s demands cast into further doubt on Congress’s ability to find agreement on reforming the immigration system – which has for decades been one of the most intractable issues in Washington – as well support two countries the Biden administration considers national security priorities. The United States has been the top funder of Kyiv’s defense against the Russian invasion that began in February 2022, and after Hamas’s 7 October terror attack against Israel, Biden argued in an address from the Oval Office that the two country’s causes were linked, and asked Congress to approve aid to both, as well as funds for Taiwan and to further secure the border.Johnson responded by having House Republicans approve a bill that would fund aid to Israel alone and also cut the Internal Revenue Service’s budget, boosting the federal deficit. Democrats, who control the Senate, have rejected both that measure and the Secure the Border Act, leaving the bipartisan immigration reform negotiations as the last avenue remaining to win approval of Ukraine aid.Congresses and presidents since the days of George W Bush have tried and failed to reform the US’s system for admitting workers and immigrants. The long odds of the latest negotiations succeeding were underscored on Wednesday when Mitch McConnell, the Republican Senate minority leader, told his lawmakers that because Trump wanted to campaign on immigration reform, he doubted that the party would support any agreement that emerges from the talks.“We are in a quandary,” McConnell said, according to Punchbowl News. “The politics of this have changed.”Senators from both parties expressed outrage, with Chris Murphy, the main Democratic negotiator in the talks, saying: “I hope we don’t live in a world today in which one person inside the Republican party holds so much power that they could stop a bipartisan bill to try to give the president additional power at the border to make more sense of our immigration policy.”skip past newsletter promotionafter newsletter promotionThe following day, Politico reported that McConnell changed his tone, telling Republicans in a meeting that he still supported the talks. But the damage may well have been done.The GOP’s control of the House means that Republicans may have the votes to impeach Mayorkas, and, at some point, Biden, whom the party has also opened an inquiry against. But the Senate’s Democratic leaders are almost certain to reject the charges against the homeland security chief, who has used his appearances before Congress to describe the country’s immigration system as “broken” and urge reforms.On Friday, the top Democrat on the homeland security committee sent a letter to its Republican chair, Mark Green, objecting to the charges against Mayorkas, noting that the House hasn’t voted to approve the impeachment and that Green had reportedly promised donors months ago that he’d go after him.“Nothing about this sham impeachment has abided by House precedent, but all of it has been done to reach the predetermined outcome you promised your donors last year,” the committee’s ranking member, Bennie Thompson, wrote. More

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      Mitt Romney: Trump’s call to stonewall Democrats on immigration ‘appalling’

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      Donald Trump’s directive to congressional Republicans to not agree to a deal with Democrats on immigration and border control is “appalling”, Mitt Romney said.“I think the border is a very important issue for Donald Trump,” Romney, the Republican senator from Utah, told reporters on Capitol Hill on Thursday.“And the fact that he would communicate to Republican senators and congresspeople that he doesn’t want us to solve the border problem because he wants to blame [Joe] Biden for it is … really appalling.”Having won in Iowa and New Hampshire and with only the former South Carolina governor Nikki Haley still in the race, Trump is the clear favourite for the Republican presidential nomination to face Biden in November.His progress has not been impeded by 91 criminal charges, attempts to remove him from the ballot for inciting the January 6 attack on Congress and assorted civil trials.It was widely reported this week that Trump has sought to dynamite Senate talks for an immigration deal long linked to prospects of a new aid package for Ukraine.Mitch McConnell, the Republican leader in the Senate, reportedly acknowledged that Trump’s opposition makes it highly unlikely immigration talks will succeed, given hardline Republicans’ hold on the House and its speaker, Mike Johnson, a far-right congressman from Louisiana.Romney is a former Massachusetts governor who became the Republican nominee for president in 2012 before winning a Senate seat in Utah in 2018.Though he flirted with working for Trump when he won the White House, Romney has since emerged as a constant opponent.skip past newsletter promotionafter newsletter promotionThe sole Republican to vote to convict Trump in his first impeachment trial, for seeking political dirt in Ukraine, Romney was one of seven senators to find Trump guilty in his second such trial, for inciting the January 6 insurrection.On Thursday, Romney said: “The reality is that we have a crisis at the border, the American people are suffering as a result of what’s happening at the border, and someone running for president ought to try and get the problem solved, as opposed to saying: ‘Hey, save that problem. Don’t solve it. Let me take credit for solving it later.’” More

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      US border policy deal within reach despite efforts by Trump to derail it, senators say

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      Congressional negotiators said a border deal was within reach on Thursday, despite efforts by Donald Trump and his allies on Capitol Hill to derail the talks.With the fate of US aid for Ukraine hanging in the balance, the outlook for border compromise had appeared grim following reports on Wednesday night that the Senate minority leader, Mitch McConnell, was walking away from a compromise that he suggested could “undermine” Trump’s chances in a November general election against Joe Biden. But by Thursday afternoon, senators involved in the discussions were insisting that the opposite was true: an agreement was within reach and legislative text could be released in the coming days.Referring to Trump as the “nominee”, McConnell reported told Republicans in a closed-door meeting on Wednesday night that “politics on this have changed”, according to a report in Punchbowl News. With Trump as their likely standard bearer, he suggested that it would be unwise to move forward with a bipartisan immigration bill that could possibly neutralize one of Biden’s biggest vulnerabilities. “We don’t want to do anything to undermine him,” McConnell said, referring to Trump.“That’s like parallel universe shit,” Senator Thom Tillis, a Republican of North Carolina involved in the negotiations, fumed to reporters on Thursday. “That didn’t happen.”It would amount to a surprising about-face for McConnell, a strong supporter of sending aid to Ukraine and no friend of the former president, who has leveled racist broadsides against McConnell’s wife, Elaine Chao, and mercilessly disparaged the Republican leader as an “old crow”.Walking through the Capitol on Thursday, McConnell told Bloomberg News that the immigration talks were “ongoing”. Later he reportedly assured his confused conference that he was “fully onboard” with the negotiations, and brushed off reports that suggested otherwise.The proposal under discussion in Congress would have changed immigration policy to discourage migration. It would include major concessions from Democrats on immigration in exchange for Republican support on passing military assistance to Israel and Ukraine, a country whose cause the party’s far right has turned against.But the politics of a deal have only become more challenging as Trump consolidates support from Republican officials in what many view as his inevitable march toward the GOP nomination.On social media, Trump implored Mike Johnson, the arch-conservative House speaker, not to accept a deal “unless we get EVERYTHING needed to shut down the INVASION of Millions and Millions of people”.Failure to strike a deal would have global implications, with the Pentagon warning that Ukrainian soldiers on the frontlines of its grinding war with Russia risk running out of ammunition. The Senate majority leader, Chuck Schumer, has said the “future of the war in Ukraine” and the “security of our western democracy” depend on Congress reaching an agreement.Biden had requested tens of billions of dollars from Congress to send aid to Ukraine and Israel as well as to allies in the Asia Pacific region. But the funding package has been stalled for months in Congress amid Republican demands for dramatic changes to border policy.View image in fullscreenSenate Republicans who support the border talks said the party should seize the opportunity to address the record rise of people arriving at the US southern border, a situation both parties and the White House have described as a crisis.“I think the border is a very important issue for Donald Trump,” the Utah senator Mitt Romney, a Republican who has pressed his party to approve military aid for Ukraine, told reporters on Capitol Hill on Thursday. “And the fact that he would communicate to Republican senators and congresspeople that he doesn’t want us to solve the border problem because he wants to blame Biden for it is really appalling.”He continued: “The reality is that we have a crisis at the border, the American people are suffering as a result of what’s happening at the border. And someone running for president ought to try and get the problem solved as opposed to saying: ‘Hey, save that problem. Don’t solve it. Let me take credit for solving it later.’”skip past newsletter promotionafter newsletter promotionEven in less contentious times, immigration remains one of the thorniest issues in American politics, and efforts to reform the nation’s outdated system have failed repeatedly. But as an unprecedented number of people fleeing violence, poverty and natural disasters seek refuge at the US-Mexico border, the issue has become top of mind for many Americans who overwhelmingly disapprove of the Biden administration’s handling of the matter.Trump has already made immigration a central issue of his campaign, outlining a draconian vision for his second term that includes mass raids, detentions camps and more funding to build his long-promised wall along the border with Mexico.Trump’s allies on Capitol Hill have argued that a bipartisan deal would only serve to give Biden political cover without actually solving the problem. Others argue that the Senate plan was designed to force the hand of the Republican-controlled House, where the speaker is under pressure from the far-right flank of his party not to compromise on the issue.At a press conference earlier this week, the Texas senator Ted Cruz, a Republican, denounced the proposal, the details of which have not yet been released, as a “stinking pile of crap” that “represents Senate Republican leadership waging war on House Republicans”.Cruz alleged that the negotiators involved cared only about supporting Ukraine and not fixing the issues at the southern border.If a deal falls apart, Schumer and Biden will be forced to look for alternative legislative paths to approving aid for Ukraine, Israel and Taiwan. But with Republicans demanding border security measures in exchange for their votes, it remains far from certain that tying the aid to must-pass spending bills or bringing it to the floor as a standalone measure would garner the necessary 60 votes in the Senate.The world will likely know soon whether a deal is possible, the Connecticut senator Chris Murphy, one of the Democratic negotiators, told reporters on Thursday.“I think the Republican Congress is going to make a decision in the next 24 hours as to whether they actually want to get something done or whether they want to leave the border a mess for political reasons,” he said. More

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      US supreme court allows border patrol to cut razor wire installed by Texas

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      The Biden administration is allowed to cut the razor wire deployed by Texas at the border with Mexico, the US supreme court ruled on Monday.The concertina wire, deployed at the direction of the Republican Texas governor, Greg Abbott, runs roughly 30 miles (48km) along the Rio Grande river, near the border city of Eagle Pass. It is part of Abbott’s broader fight with the Biden administration over immigration enforcement and what he calls “Biden’s reckless open-border policies”.It has also become a symbol of America’s broader political fight over the control of the nation’s border with many Republicans hailing it as tough, but necessary policy, and many Democrats decrying it as inhumane and cruel.Border security and immigration officially fall under the purview of the federal government, as decided in the 2012 supreme court case, Arizona v United States. The court held that federal immigration law preempted Arizona’s immigration laws.In a narrow 5-4 vote, the supreme court has now granted an emergency appeal from the Biden administration.The ruling now means the lone star state must comply with the Biden administration and allow federal authorities access to the border, contrary to recent actions taken by state.Texas officials have argued that federal agents cut the wire to help groups crossing illegally through the river before taking them in for processing. A federal appeals court last month forced federal agents to stop cutting the concertina wire.Texas officials earlier this month refused an order from the Biden administration to allow US border patrol agents access to a part of the US-Mexico border that is now under the state’s control. Last week, Texas attorney general Ken Paxton rejected orders for the state to stop controlling Shelby Park, a public park and entry point into the US.A number of migrants have crossed at Eagle Pass in recent months.“We are not allowing Border Patrol on that property anymore. We’re not going to let this happen anymore,” Abbott said at the time.The refusal to obey federal orders cost lives, the department of homeland security said. The agency reported three migrants, two of whom were two children, drowned near the park federal authorities were restricted from entering.In addition to wire, Abbott has also authorized installing floating barriers in the Rio Grande near Eagle Pass and allowed state troopers to arrest and jail thousands of people suspected of migrating illegally on trespassing charges – initiatives taken under Operation Lone Star, a joint effort between the Texas department of public safety and the Texas military department that began in 2021 to curb illegal immigration.skip past newsletter promotionafter newsletter promotionThe Biden administration is also challenging those actions in federal court.In court papers, the administration said the “fencing further restricts Border Patrol’s ability to reach the river in particular areas”.Chief Justice John Roberts and Justices Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor sided with the administration. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas voted with Texas.No explanations for their vote were provided by any of the justices.
      The Associated Press contributed to this report More