Border crossings have been in contention for years. One side of the aisle aims to lock the border down, barricading people from coming in. Another side of the aisle seeks more open borders with less of a military presence. These debates have roiled American politics for years; however, since 2007, every attempt at a comprehensive legislative solution has ended in failure.
In 2024, Texas Governor Greg Abbott decided to take matters into his own hands. Governor Abbott deployed the state National Guard against federal authorities in January. This is the first time a Governor has done so since 1957, during the famous Little Rock Nine walk. The National Guard was deployed to block U.S. Border Patrol from accessing a 2.5-mile-long section of the U.S. border in the city of Eagle Pass. Within this section is Shelby Park, a place where Border Patrol officials have been using for processing encountered migrants. Governor Abbott’s decision effectively locked them out of that park, making them unable to utilize it as they have in the past.
This has spiked tensions between Texas and President Joe Biden. Governor Abbott accompanied his deployment of the National Guard with a letter declaring that “the federal government has broken the compact between the United States and the States” and classifying border crossings as “an invasion.” Democrats responded by calling for President Biden to federalize the National Guard.
This has also led to deep legal turmoil with multiple rulings at various court levels adding to the chaos. The latest measure at issue is SB 4, a law that allows Texas to arrest and even deport people suspected of crossing the border illegally – which flies directly in the face of the federal government’s authority on such issues. The Supreme Court ruled this law could proceed while the appeals process plays itself out in the lower courts. Right after that, the 5th Circuit Court of Appeals put the law on hold again, waiting to hear new arguments on SB 4.
Immigrant advocacy groups warn this law could lead to civil rights violations, racial profiling, and arrests. SB 4 makes it a Class B misdemeanor for those who cross the Rio Grande River, punishable up to six months in jail for your first offense. After the first offense, any subsequent offense is a second-degree felony, with a punishment ranging from two to twenty years in prison. Governor Abbott is pushing for SB 4 to “protect the border”; however, due to this potentially becoming state law, it would apply to all of Texas, not just the border, leading immigrant advocacy groups to fear for what these means for all migrants in Texas, especially mixed-status families.
The border has been a point of contention, a lobbying chip, and a debate topic for years. The states have been at odds with Washington all along. SB 4 adds yet another layer to this divide, one that I am sure will not be solved anytime soon. Arguments were just heard in the 5th Circuit Court again on SB 4 with another hearing scheduled for April 2; it is unclear whether a ruling will come from the three-judge panel at that time. This is a developing story, that appears to have no clear answer in sight.
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