The situation at the United States border is devastating. The U.S. Border Patrol reports that there have been record highs of over 300,000 encounters per month since August 2023—not including those who evade any contact with the Border Patrol.
Now even sanctuary cities such as New York and Chicago are feeling the strain. Chicago recently turned away busloads of homeless migrants from the border.
New York City Mayor Eric Adams, recently pinned the city’s woes as starting when a “madman down in Texas decided he wanted to bus people up to New York City. One hundred ten thousand migrants. We have to feed, clothe, house, educate the children, wash their laundry sheets, give them everything they need, healthcare.”
Noting that “we’re getting no support on this national crisis,” Adams went on to say, “[N]ever in my life have I had a problem I did not see an ending to. I don’t see an ending to this. I don’t see an ending to this. This issue will destroy New York City. Destroy New York City. We’re getting 10,000 migrants a month.”
New York is now receiving Russian-speaking migrants, African migrants and people from all over the globe, Adams explained.
The “madman” Adams referred to is Texas Gov. Greg Abbott, the first to deal with this catastrophe of governance. By the beginning of this year, Texas had relocated 95,000 migrants to sanctuary cities across the country. While this policy has been effective in demonstrating the dire reality of the crisis at the border to those in liberal cities who have facilitated it, the end result is unfortunately just more illegal migrants spread throughout the country.
On Jan. 12, Abbott switched gears to a more proactive approach, sending the Texas National Guard into Eagle Pass, Texas, to take control of the border there. The Texas Guard is preventing all Border Patrol access except for medical emergencies on the basis that they “perpetuate illegal crossings.” Texas’ position at a fundamental level is that a sovereign State has the power and responsibility to enforce its own borders, especially when the federal government is derelict in fulfilling its obligation to maintain border security.
But on Jan. 22, the U.S. Supreme Court, in a 5-4 vote, ruled that the Border Patrol may resume cutting the razor wire barriers that Texas has placed to secure the border. This was a summary one-page order that only lifted the Fifth Circuit Court of Appeals’ injunction pending appeal. In other words, the matter itself is still before the Fifth Circuit which has set oral argument for February 7 on an expedited track.
This is all setting the stage for what will be the most significant clash between State and Federal power in the 21st century so far. While the Fifth Circuit may rule in favor of Texas, the Supreme Court has already telegraphed what its ultimate ruling on this issue will be. Unfortunately, that ruling appears to be a complete endorsement of the Biden administration’s open border platform.
If/when the Supreme Court declares that Texas may not secure its own border from millions of illegal migrants, Texas may very well be willing to draw a line in the sand and invoke the infamous state powers of nullification and interposition. I wonder if New York City would actually be relieved.
Talmadge Butts is Lead Staff Attorney for the Foundation for Moral Law (www.morallaw.org). Those with constitutional concerns may call the Foundation at (334) 262-1245 or email talmadge@morallaw.org.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to Commentary@1819news.com.
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