The brief accuses the federal government of an 'abdication of its duty' at the border
Border communities struggle to keep up with the migrant crisis
Fox News’ Casey Stegall reports on Kinney County, Texas, becoming a smuggling route for the cartels.
FIRST ON FOX: A group of over 40 lawmakers signed on to an Amicus brief supporting the state of Texas in its legal battle with the Biden administration after the Justice Department sued the state earlier this year over a law that would allow Texas police the ability to arrest illegal migrants.
"I am proud to lead 45 of my colleagues in an Amicus Brief supporting Texas’ Article 1 Section 10 to stop the chaos, secure the border, and protect Texans – not only is the Constitution on our side, but the American people are on our side as well," Rep. Jodey Arrington, R-Texas, the leader of the effort, told Fox News Digital.
Arrington's comments come as Texas will go to court to defend a state law signed by Republican Gov. Greg Abbott in December that allows Texas law enforcement officers the ability to arrest and charge illegal migrants, which the Justice Department argues falls under federal authority.
"The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens," the lawsuit, which was filed in an Austin federal court, states. "Texas cannot run its own immigration system. "Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations."
JUSTICE DEPARTMENT SUES TEXAS OVER LAW TO LET POLICE ARREST ILLEGAL IMMIGRANTS
Left: President Biden. Right: Texas Gov. Greg Abbott. (Photo by Chip Somodevilla/Getty Images | USA TODAY NETWORK via Reuters Connect | )
But Arrington argues that the law is not only constitutional, but was made necessary by the Biden administration's lack of ability to contain the crisis plaguing the U.S. border with Mexico.
"It is clear to any honest and objective person living in this country that President Biden has willfully disregarded the laws of the land, abdicated his constitutional duty to provide for a common defense, and unilaterally surrendered control of our border to terrorist drug cartels," Arrington said. "Not only has President Biden failed to enforce our laws and secure our border – he has aggressively obstructed Texas’ efforts to do the job of the federal government, including the DOJ lawsuit over SB4."
The brief, which was filed in the U.S. district court for the western district of Texas—Austin Division Tuesday evening and reviewed by Fox News Digital, accused the federal government of an "abdication of its duty to protect States from invasion and to take care that the nation's immigration laws are faithfully executed."
The brief also accuses the Biden administration of "purposefully" facilitating the "mass illegal entries" of migrants into the U.S., making it necessary for Texas to "secure its borders and repel the invasion of criminal drug cartels and the flood of illegal aliens from around the world."
Rep. August Pfluger, R-Texas., one of the lawmakers to sign on to the brief, told Fox News Digital that the Biden administration "has proven that they are unwilling to protect Texans from the life-and-death consequences of mass illegal migration."
An inflatable barrier along the Rio Grande River in Eagle Pass to deter illegal immigrants from crossing into the U.S. (Texas DPS)
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"Instead of suing the State of Texas for doing the federal government's job, the President should be focused on protecting the safety of American citizens," Pfluger said.
The Texas law gives migrants who have been arrested the opportunity to follow a judge's order to leave the U.S. or be charged with a misdemeanor for illegal entry. Migrants who choose not to leave can face felony charges if arrested again.
The law can be enforced anywhere in the state of Texas, though some places such as schools and churches are off-limits.
The legal battle comes at the same time Texas is involved in another legal battle over the installation of razor wire near the border, a barrier that also angered Mexican officials.
But those measures are part of the state's right to "defend itself," Rep. Michael Burgess, R-Texas, told Fox News Digital.
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"Texas has the constitutional right to defend itself. There is an outright invasion going on at our southern border and Secretary Mayorkas and the Biden Administration refuse to act," Burgess said. "I will continue to support Texas' actions of self-defense which are necessary only because of the Biden Administration's gross negligence. I am thankful to Rep. Arrington for leading this much needed amicus brief in support of our state."
Texas Army National Guard members walks by the border. (Texas Military Department )
Arrington, Pfluger, and Burgess were joined by several Republican colleagues in supporting the brief, including Reps. Jeff Duncan, R-S.C., Mike Collins, R-Ga., Doug LaMalfa, R-Calif., Mike Rogers, R-Ala., Lauren Boebert, R-Colo., Keith Self, R-Texas, Marjorie Taylor Green, R-Ga., Andy Ogles, R-Tenn., Carol Miller, R-WVa., Jim Banks, R-Ind., Erin Houchin, R-Ind., Ryan Zinke, R-Mont., Troy Nehls, R-Texas., Cliff Bentz, R-Ore., Clay Higgins, R-La., Ronny Jackson, R- Texas, Brian Babin, R-Texas, Mary Miller, R-Ill., Brandon Williams, R-N.Y., Pete Sessions, R-Texas, Chip Roy, R-Texas, Michael Cloud, R-La., Judge Carter, R-Texas, Lance Gooden, R-Texas, Elise Stefanik, R-N.Y., Randy Weber, R-Texas, Morgan Luttrell, R-Texas, Kat Cammack, R-Colo., Tony Gonzales, R-Texas, Jake Ellzey, R-Texas, Ralph Norma, R-S.C., Beth Van Duyne, R-N.Y., Dan Crenshaw, R-Texas, David Rouzer, R-N.C., Pat Fallon, R-Mass., Monica De La Cruz, R-Texas, Roger Williams, R-Texas, Michael McCaul, R-Texas, Nathaniel Moran, R-Texas, Kay Granger, R-Texas, and Andrew Clyde, R-Ga.
According to Clyde, Texas law is an example of the state exercising its right to defend itself.
"Under President Biden’s open border policies, every state is a border state. Yet under the Constitution, every state has the power to fend off the Biden Administration’s intentional illegal invasion," Clyde told Fox News Digital. "I’m proud to join Chairman Arrington’s critical amicus brief in support of Texas’ right to exercise its Article I, Section 10 authorities, and I applaud Governor Abbott for holding the line against President Biden’s self-inflicted border crisis."
The White House and Justice Department did not immediately respond to a Fox News Digital request for comment.
