Host Sean Hannity pointed to 8 USC 1324 which he suggested Biden may be violating
Abbott: If Biden federalizes Texas guard, it would be a political blunder
Texas Gov. Greg Abbott joins 'Hannity' to pledge to continue protecting the southern border
Texas Gov. Greg Abbott claimed Monday that President Biden is in violation of federal law as he refuses to enforce immigration statutes already on the books, adding that he is giving "mass parole" to foreign nationals who illegally ingress into the United States.
Abbott told "Hannity" Monday evening that both members of the Border Patrol and the Border Patrol Council – its union apparatus – have told Texas officials that they side with them when it comes to the controversy over the construction of razor wire at a state-owned park along the border at Eagle Pass.
"They want to have nothing to do with regard to tearing down that razor wire or tearing down the barriers that Texas has erected for one simple reason: And that's because they are working," Abbott said.
"Border patrol says that what Texas has done to secure the border actually makes their job even easier. The only resistance we're facing is coming from Joe Biden."
TEXAS AG SAYS BORDER CONDITIONS LOOK LIKE ‘BIDEN CUT A DEAL WITH THE CARTELS’
Sean Hannity presented sections of 8 USC 1324 that President Biden may have violated. (Fox News)
Abbott said Biden is "aiding" in the illegal entry of foreign nationals into the United States and is spurning his oath of office:
"Joe Biden is in violation of federal law that already exists. For one, he is not living up to his duty to deny illegal entry across the border…" Abbott said.
"[H]e's giving [migrants] mass parole across the country – because Joe Biden is not enforcing the federal immigration laws that gives Texas the right… to defend ourselves from imminent harm."
Given Biden's actions or lack thereof, Abbott reiterated his longstanding assertion that Texas therefore is legally permitted to defend itself from invasion under Article I Section 10 of the Constitution.
In response, host Sean Hannity cited a major federal statute that he and others believe the president continues to violate.
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Under 8 U.S. Code 1324, any person "knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection or attempts to conceal, harbor or shield from detection such alien in any place including any building or any means of transportation" may be fined and/or sentenced to up to five or ten years in prison depending on the subsection of the statute violated.
Hannity cited another section of the statute which prohibits a person from "encourag[ing] or induc[ing] an aliensz to come to, enter or reside in the United States."
"[The statute] goes into harboring illegal immigrants, encouraging, inducing, conspiracy, aiding and abetting," Hannity said.
"If I did any one of those things that Joe Biden has now institutionalized, I'd be in jail," the host quipped.
Abbott called the host's assertion a fair point, adding his explanation illustrated how many duties at which the president has been lacking.
"[The Biden administration] has totally abandoned doing that job whatsoever. That is exactly what gives Texas our constitutional right… to be able to act," he said.
"So by Texas building the barriers that we have, by us taking the action to repel illegal immigration, we're fully authorized because the federal government has ceded or conceded the field of immigration enforcement."
He said Shelby Park, the site the razor wire controversy centers around, once saw as many as 3,000 people per day illegally crossing from Piedras Negras.
Abbott said that, in contrast, only six people egressed through the park on Sunday – and all were promptly arrested.
Many similar migrant arrests by Texas authorities over the past year have resulted in charges such as misdemeanor criminal trespassing.
Charles Creitz is a reporter for Fox News Digital.
He joined Fox News in 2013 as a writer and production assistant.
Charles covers media, politics and culture for Fox News Digital.
Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to
