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Why isn’t the Biden administration suing Texas for taking over the job of Border Patrol? (www.nbcnews.com)

submitted 10 months ago* (last edited 10 months ago) by gAlienLifeform to c/news

34 comments fedilink hide all child comments

The Biden administration has not sued. It did win a Supreme Court ruling that it could take down the razor wire that Texas has deployed in Shelby Park and elsewhere, which the administration said has led to drowning deaths among migrants. It has now cut razor wire in some sections of the border, but not in Shelby Park, which it can’t access.

Three Biden administration officials said the Supreme Court’s recent razor wire ruling was a win in federal government’s fight with Texas over Shelby Park, but they concede it does not explicitly give control of the area back to Border Patrol.

...

The three Biden administration officials told NBC News they do not want a confrontation between Border Patrol and Texas National Guard, but they still consider legal action a tool they might deploy. Shortly after Texas started blocking the Border Patrol from accessing Shelby Park, a mother and two children drowned while crossing the Rio Grande. The officials say they might have been saved if Border Patrol had been able to operate its equipment to surveil the river and respond to migrants in distress.

For now, however, optics mean the administration is holding fire, said a former Department of Homeland Security official. The official said that between the fight to pass a border bill, defend Homeland Security Secretary Alejandro Mayorkas in an impeachment fight, and other lawsuits challenging Texas, taking on the Republican-led state would ignite another fire at a time when the administration wants to appear tougher on border security.

Archived at https://web.archive.org/web/20240207121746/https://www.nbcnews.com/politics/immigration/biden-administration-lawsuit-texas-abbott-border-patrol-rcna137565

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[–] [email protected] 34 points 10 months ago (9 children)

I frankly question needing the court at all. This isn't a confusing case of constitutional law in need of clarification. The federal government owns the border and anyone trying to stop them should be arrested.

The official said that between the fight to pass a border bill, defend Homeland Security Secretary Alejandro Mayorkas in an impeachment fight

Ok, since these two fires have extinguished themselves...

...ignite another fire at a time when the administration wants to appear tougher on border security.

So tough they're backing down and letting a state handle it? Right now they couldn't even get to a starving asylum seeker in that area to preemptively expel them. Backing down when someone takes your shit and maybe considering possibly asking someone else to tell them not to isn't projecting "toughness".

[–] givesomefucks 40 points 10 months ago (4 children)

FDR once activated the National Guard to seize a company and literally drag the CEO out of his office because the CEO refused to agree to a collective bargaining agreement...

https://www.history.com/this-day-in-history/fdr-seizes-control-of-montgomery-ward

Biden won't activate the National Guard to stop them from acting against a supreme court order.

We need more FDR democrats and less neoliberals.

[–] tux 3 points 10 months ago* (last edited 10 months ago) (1 children)

Yeah, not what we want to be supporting. The Posse Comitatus act is there for a reason. I'd rather we don't start supporting use of the federal military as law enforcement.

And I hate to say it, but pretty sure the reason they haven't been activated federally is because they're worried calling that bluff might not work out well and escalate the confrontation, potentially leading to something worse.

Frankly this is awful. But also something manufactured to sound a lot worse. From a states rights perspective this isn't that different from states legalizing marijuana while it's federally controlled and illegal.

[–] [email protected] 9 points 10 months ago

That would only be true if the state then sent armed agents to prevent the FBI from arresting a pot dealer. Having different rules is vastly different from claiming territory and excluding the federal government.

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