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Experts Turley, Painter say Texas on shaky legal ground in border razor wire fight

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Texas is battling President Biden in court and on the ground over illegal immigration at its southern border.

The Lone Star State defied the Biden administration this week after the Supreme Court granted an emergency appeal to allow federal officials to cut the razor wire that Gov. Greg Abbott ordered installed at the southern border.

The Republican governor responded to the court by posting a photo of the Texas National Guard fortifying the border and declaring that Texas has the right to “self-defense” from immigrant “invasion” at its southern border.

Border front: Republicans back Abbott, Democrats call on Biden to take control of Texas National Guard

Texas rebelled against the Biden administration this week after the Supreme Court granted an emergency appeal against the administration to cut razor wire installed on its southern border. (Brandon Bell/Getty Images)

Abbott's move prompted calls from Democrats for Biden to take command of the Texas National Guard.

Jonathan Turley, a law professor at George Washington University and a Fox News contributor, told Fox News Digital that “a lot of people agree” with Texas' objections and that “there are many people who disagree” with the way the Biden administration is managing the border. '', but the federal government said it now had a “sufficient basis.'' Please move forward. ”

“After the Supreme Court lifted the removal injunction, Texas no longer has a legal reason to prevent access by federal agents,” Turley said. “Texas would need to obtain another injunction, but it is difficult to imagine what the basis for that would be in light of the court's ruling.

“While it is possible to reopen the case, legally defying the federal order could amount to 'all in, no cows,'” Turley added.

“Texas could explore alternative ways to secure its borders, but it is unlikely to find much support in federal court.”

president biden

Lone Star states are battling President Biden in court and on the ground over illegal immigration at their southern border. (Yasin Ozturk/Anadolu via Getty Images)

Richard Painter, a law professor at the University of Minnesota, told FOX News Digital that the issue ultimately comes down to federal supremacy, adding, “The general question here is who is in charge of immigration law?'' There is also a lack of consistent discussion.”

“Is it just the federal government, or the federal government and the states…and are we co-managing or do we have a partnership, or is it just the federal government?” the painter wondered.

“Neither party is completely in agreement on this,” Painter said, criticizing Democrats for supporting sanctuary city policies, adding that it's “unacceptable” that some cities don't enforce immigration laws. Ta.

Additionally, Painter said Texas is opposing Biden on this issue because it “believes that Biden is not adequately protecting the United States from illegal immigration, when in fact that is the Biden administration's job.” This is because “there are”

texas state border

Concertina wire lines a road as members of Congress tour areas near the Texas-Mexico border on January 3, 2024 in Eagle Pass, Texas. (AP Photo/Eric Gay, File)

“So Texas is now trying to take advantage of the ambiguity in the law and do what it wants to do to address an issue that they feel President Biden hasn't adequately addressed,” Painter said. “And states have the right to do so unless clearly preempted by federal law.”

Mr. Abbott issued a lengthy statement Wednesday, saying the federal government had broken agreements between the United States and the states.

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“The U.S. executive branch has a constitutional duty to enforce federal laws that protect the states, including the immigration laws currently in place.” abbot said. “President Biden is refusing to enforce and even violate these laws.”

Mr. Abbott has been engaged in multiple legal battles with the Biden administration, which has threatened legal action over Texas' occupation of Shelby Park near Eagle Pass. Texas is also suing the administration for cutting razor wire that the state installed across the Rio Grande to prevent immigrants from entering Texas illegally.

Fox News Digital's Adam Shaw and Greg Wehner contributed reporting.

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