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Texas could be on the verge of a legal showdown with the Biden administration over immigration policy, as the state’s top lawyer said he would urge GOP Gov. Greg Abbott to send migrants in Washington DC – in defiance of federal laws.
Republican Attorney General Ken Paxton acknowledged a 2012 Supreme Court case, Arizona v. the United States, that prevents states from developing their own immigration policies and is a “problem” for Texas efforts. Still, he wants Texas to move forward with busing migrants to Biden’s doorstep and suggested the Supreme Court, now with a solid 6-3 conservative majority, could provide a fresh look at the question.
PSAKI LAUNCHES THE GOVERNMENT OF TEXAS. ABBOTT PLAN TO BUS ILLEGAL IMMIGRANTS TO US CAPITOL AS “PR STUN”
“I think it was decided badly,” Paxton told ‘Fox and Friends’ of the Arizona case. “So I encourage the governor to force people out of our state and have the feds sue us. [and] report this to the United States Supreme Court.”
In an interview with Fox News Digital on Saturday, Paxton said he didn’t dare the Biden administration sue Texas, but rather, “I challenge them to follow federal law. But if they don’t, why wouldn’t the governor do it?” to be able to protect his state? »
Legal storm surrounds Abbott’s announcement this week that he would send the migrants by bus and charter flights to Washington, DC, to bring the crisis to Biden’s doorstep.
Republicans, along with some Democrats, are outraged that the Biden administration is canceling the Title 42 public health emergency on May 23 that was used to quickly deport a majority of border migrants due to the coronavirus pandemic. . They warned this would cause an increase in migration – on top of the already massive numbers encountered by Border Patrol each day.
TEXAS STARTS SHIPPING BUSES TO THE BORDER TO TRANSPORT ILLEGAL IMMIGRANTS TO DC
The White House dismissed Abbott’s announcement as a “publicity stunt” since he lacks legal authority.
“I think it’s pretty clear that this is a publicity stunt,” Psaki told Fox News’ Peter Doocy in the White House press room on Thursday. “I know the governor of Texas, or any other state, has no legal power to compel anyone to get on a bus.”
PSAKI continued: “His own office agrees that a migrant should be voluntarily transported and he cannot compel him to do so because, again, the enforcement of our country’s immigration laws rests with the federal government. and not to a State.”
Without being discouraged, Texas is already sending buses to southern border towns to pick up border commuters and send them to the United States Capitol. The Texas Division of Emergency Management (TDEM) said Friday it has sent an undetermined number of buses to small Texas communities that have been overwhelmed by an influx of migrants placed there by the federal government, officials said.
Paxton said he believed preparations were underway, but the actual transport to Washington, D.C., would not take place until next month to coincide with the cancellation of Title 42, but he deferred questions from calendar to the governor.
Abbott’s office referred bus logistics to TDEM, which said Paxton’s remarks were “incorrect” and “the operation is currently underway.” Seth Christensen, head of media and communications for TDEM, referred Fox News Digital to the agency’s statement Friday.
REP. DEM. CUELLAR JOINS BIPartisanal EFFORT TO BLOCK BIDEN’S ROLLBACK OF TITLE 42, OPPOSES TRANSPORTATION OF MIGRANTS TO DC
But Lt. Christopher Olivarez of the Texas Department of Public Safety told Fox News that bus transportation to Washington, DC, will be at the request of local communities in need of relief.
“The governor’s plan is to ask those mayors or county judges — when they feel overwhelmed or short on resources — to contact the Texas Division of Emergency Management (TDEM), which is handling this situation, and they will provide that transportation from Texas to Washington DC”
“A straight hit from Texas all the way to Washington, DC,” Olivarez told Fox News’ Neil Cavuto on Saturday. “So it’s going to be very effective.”
In Arizona v. United States, the Supreme Court in a 5-3 decision struck down a 2010 Arizona law that made it a state crime for undocumented immigrants to be in Arizona without proper authorization, to apply for work and to obtain employment in Arizona, as well as allowing state police to arrest people with probable cause for deportation. The court concluded that these immigration matters are solely the responsibility of the federal government.
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“If you don’t let us deport these people – if we don’t have the power to do that, and we’re in the middle of litigation over it right now to see if we do – then why not send- them on Joe Biden’s doorstep and let him deal with the problem as he creates it,” Paxton said.
Fox News’ Adam Shaw, Kyle Morris and Andrew Mark Miller contributed to this report.