PBS NewsHour
This week, the Supreme Court sided with federal agents to remove razor wire put in place by Texas along the Rio Grande. The state is using wire and state agents to block Border Patrol from accessing a section of the border in Eagle Pass. Homeland Security is demanding access to the area by Friday, but Gov. Greg Abbott is doubling down. Laura Barrón-López discussed the dispute with Stephen Vladeck.
Border Standoff Between Texas, feds intensifies as governor defies Supreme Court Ruling.
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Notice: Transcripts are machine and human generated and lightly edited for accuracy. They may contain errors.
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Amna Nawaz:
A standoff between federal Border Patrol and Texas state officials is intensifying following a Supreme Court ruling in favor of the Biden administration.
Laura Barron-Lopez has more.
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Laura Barron-Lopez:
Earlier this week, the Supreme Court said U.S. Border Patrol agents could remove razor wire that the state put in place along the Rio Grande River.
The Homeland Security Department is demanding immediate access to a section of the border and being blocked with razor wire and fencing. But Texas Governor Greg Abbott is doubling down, blocking the agents from entering the area and saying Texas constitutional authority is — quote — “the supreme law of the land and supersedes any federal statutes to the contrary.”
Joining me to discuss this further is Stephen Vladeck, a professor at the University of Texas School of Law.
Professor Vladeck, thanks so much for joining.
Republican Governor Abbott is saying Texas is going to hold the line. And it’s unclear when or if this razor wire is going to be removed. Who ultimately has the authority over the border here?
Stephen Vladeck, University of Texas School of Law: Yes, I mean, I think it’s pretty clear, under the Constitution, under our precedents, that immigration policy, control of the border really is ultimately in the federal government’s purview.
But, Laura, I think it’s just as clear that Governor Abbott wants this confrontation and that he’s willing to take this battle all the way back to the Supreme Court before he’s going to stand down.
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Laura Barron-Lopez:
And Governor Abbott is claiming that he has this authority under the U.S. Constitution because the federal government isn’t protecting Texas against a — quote — “invasion.” That’s the way he’s been describing it.
Is this a reasonable interpretation of the Constitution?
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Steve Vladeck:
No, and in two different respects.
I mean, the first is that, obviously, an influx of asylum seekers, however many we’re talking about, is not what the founders had in mind when they used the word invasion. But, Laura, second, even if you’re not persuaded by that, the clause Governor Abbott’s relying on in Article 1, Section 10 of the Constitution was dealing with the specific scenario of the ability of states to respond to invasions until federal authorities were able to respond…
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