Governor Abbott says Texas will 'exercise our sovereign authority' while awaiting immigration ruling

Each of the past two days, Governor Greg Abbott has posted pictures showing members of the Texas National Guard setting out razor wire along the border.

"Texas will exercise our sovereign authority to protect our southern border—and our nation—because President Biden refuses to enforce federal immigration laws," he wrote on X, formerly Twitter, on Monday.

Abbott posted another picture Tuesday, writing members of the National Guard "work tirelessly" to install wire.

"Illegal crossings continue to decrease in Texas because of the border barriers and resistance we have built," he wrote.

Customs and Border Protection says its officers stopped or turned away 140,644 people across the border with Mexico in February, up from 130,521 in February 2023. The largest increases were around Tucson, which saw an increase of 109.9%, and San Diego, where encounters increased by 85.3%

Each of the five sectors of Texas had fewer encounters:

El Paso dropped 27.3%
Big Bend dropped 42.2%
Del Rio dropped 38.5%
Laredo dropped 29%
Rio Grande Valley dropped 20.3%

The Biden Administration has previously rejected Abbott's claim it is not enforcing federal law. The White House says it has removed almost 600,000 people since May of last year, the highest number since 2012.

"Whether it is leaving migrants on the side of the road in the dead of winter, installing razor wire to make Border Patrol’s job more dangerous, promoting extreme and unconstitutional laws like S.B. 4, or his latest actions in Eagle Pass, Governor Abbott has repeatedly proven that he is not interested in solutions and only seeks to politicize the border," the Biden Administration wrote in a statement in January when the Texas Military Department took control of a park in Eagle Pass to process migrants.

Texas is currently unable to enforce the immigration law passed by the state legislature last year. SB 4 created a state crime for crossing the border illegally. First-time offenders would be charged with a misdemeanor and spend up to six months in jail before being returned to Mexico. Repeat offenders could be charged with a felony.

The Biden Administration sued, arguing only the federal government has the authority to enforce immigration law.

A federal appeals court blocked the law from taking effect while the case works through the system. Last week, the court heard arguments on the law's constitutionality but has not yet issued a ruling, leaving the stay in place.

Regardless of the ruling, the case could wind up back before the U.S. Supreme Court.

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