Why is Biden – or the Biden administration – making such a stink about Texas’ barbed wire on the border? It would seem to me that now, not too long before a presidential election, wouldn’t be the ideal time for the administration to draw more attention to its lax attitude towards illegal arrivals into the US. After all, it’s not a very popular policy.
Of course, those who believe that the Democrats are going to be heavily into fraud this election cycle and therefore have nothing to fear would also assume that the administration simply don’t care how it looks to the voters. But even so, surely there’s a limit to how much election fraud is possible, and there must be a point beyond which angering the electorate might matter in the outcome?
Andrew C. McCarthy has this to say about the Texas standoff [emphasis mine]:
This dispute will play out politically more than legally. The “Civil War” talk is hyperbole, driven by Democrats who grasp that Biden’s position is not politically sustainable, especially with Election Day just months away. This is why Biden is desperate to cut a deal with moderate Senate Republicans. When that falls apart — not because of Donald Trump’s machinations but because it is a terrible deal for the country — Biden will either have to cave (i.e., engage in actual border enforcement and refrain from interfering in state border enforcement) or seek election as the president who is suing the beleaguered people of Texas on behalf of illegal aliens — having ushered into the country more than 6 million of them (more than the population of 33 states).
If we’re going to talk about who is defying the law, that’s easy — it’s Biden, not Texas. When it is said that the states must comply with federal law, that means statutory law, not the whims of the executive branch. Biden’s policy is not federal law. Federal law, which the president refuses to faithfully execute, calls for detention. As I have explained before, Biden’s actions are in gross violation of the law.
Nor is Texas, by insisting on keeping the barrier, defying the SCOTUS ruling. The Court only declined to stop the feds from removing the wire. That doesn’t mean that Texas can’t stop the feds from removing the wire, and it doesn’t mean that Texas can’t replace the wire if the feds manage to remove it.
After the SCOTUS ruling, the Biden administration issued some demands:
The DHS maintained in its letter that it had the upper ground in terms of legal ground that allowed its personnel to be on city land along the border. It cited the U.S. Code, in which the department acquired permanent real estate interests in and around Eagle Pass in 2008 to build border wall barriers in the vicinity.
“Because the Department owns property rights to the areas depicted on the attached map, we demand that you immediately remove any and all obstructions on it,” Meyer said. …
The Biden administration had threatened Gov. Greg Abbott (R-TX) with legal action on Jan. 14 if Texas did not relinquish control of land, but has not followed up with a lawsuit.
As far as I can tell, that’s where it stands at the moment.
