Raul A. Reyes
The Department of Justice is planning legal action against Texas in response to horrific reports from the southern border. A 4-year-old girl passed out in 100-degree heat after she was pushed back toward Mexico by Texas National Guard personnel. A pregnant woman became trapped in razor wire and had a miscarriage. A state trooper said he was under orders not to give migrants any water. These incidents stem from Texas Gov. Greg Abbott’s “Operation Lone Star.”
Abbott has had barriers of buoys and razor wire placed in the Rio Grande to deter migrants from crossing. But governors cannot act unilaterally on immigration because the federal government has authority over our borders. The Supreme Court affirmed in 2012 that immigration is a federal matter, noting that states “may not pursue policies that undermine federal law.”
Last year, the federal government sued Arizona after it erected empty shipping containers as a border barrier; the state later agreed to remove them.
By using buoys, wire and state personnel to turn away migrants, Abbott is potentially violating U.S. law. Our immigration system allows anyone who is fleeing persecution in their home country to make an asylum claim here. This is a legal and human right. In fact, asylum requires physical presence inside the United States or at a port of entry. We’re likewise a signatory to international agreements that recognize similar rights for refugees.
Abbott’s border policies are endangering lives
Abbott presents himself as a “pro-life” conservative, yet he is overseeing radical policies that can result in serious injuries and drowning deaths.
Having state officers push migrant children back into the water, as the Houston Chronicle has reported, is beyond cruel. It is a betrayal of our values as a country that welcomes immigrants.
I belong here:What it’s like to grow up undocumented and without DACA in Arizona
Abbott’s programs are especially heartless as they harm many migrants who have already made a long, often harrowing trek to seek safety in the United States. Consider that in fiscal year 2022, a record number of migrants died trying to cross the border.
In response to outrage over Abbott’s border tactics, his press secretary said, “Texas is deploying every tool and strategy to deter and repel illegal crossings between ports of entry as President Biden’s dangerous open border policies entice migrants from over 150 countries to risk their lives entering the country illegally.” The spokesperson added that Joe Biden has unleashed “chaos” at the border.
The facts say otherwise: The southern border is not open.
This year, the Biden administration rolled out new restrictions on asylum and embraced tougher border measures. Instead of chaos, this has led to a decrease in unauthorized migration.
According to Customs and Border Protection, the number of illegal crossings recently fell to the lowest level in more than two years.
Why are kids dying in CBP custody?An 8-year-old died in Customs and Border Protection custody. CBP must stop failing kids.
States can’t implement their own immigration policies
Migration is a serious issue for any governor of a border state. But that doesn’t mean Abbott can make his own border policy or circumvent asylum law.
The governor’s tactics are also harmful because they have led to tensions between federal and state law enforcement officials along the border, hindering their work. Border Patrol agents say the razor wire makes it harder for them to apprehend migrants.
As a group of Democratic lawmakers outlined in a letter to the president, Abbott’s policies are “clearly hurting the efforts of CBP to enforce U.S. immigration laws.”
If Abbott were interested in effective immigration solutions, he would support more cooperation with the federal government instead of pursuing a go-it-alone approach. Then again, this is the governor who has sent migrants around the country as a political stunt and who has continued to use “invasion” language even after the 2019 El Paso massacre, in which authorities say the gunman confessed that he had been targeting Mexicans.
The Department of Justice must hold Abbott accountable for his abuse of power at the border. If unchecked, his actions could embolden other states to pursue similar extreme measures.
Abbott’s border policies are a national disgrace. Vulnerable migrants deserve compassion – and their human rights as prescribed by law.
Raul A. Reyes is an attorney, journalist and television commentator in New York City. He is a former co-host of “Changing America” on MSNBC Shift. Follow him on Twitter @RaulAReyes
