The latest from the border is that the Department of Justice is picking another fight with Texas.  As you may know, Texas passed a law making illegal immigration a state crime.  According to Governor Abbott, the Biden administration has forced Texas to fend for itself.  So it’s more “court time” for Texas vs. the DOJ.

I agree that Texas is pushing the limit and the DOJ may be technically right about its criticism of the law.  At the same time, being technically right does not fix the problem if your policy is totally wrong.

The Dallas Morning News nailed it in Friday’s editorial:

Texas’ latest law aimed at stemming migration is likely to present constitutional concerns. But the federal government drove this moment to its crisis by throwing up its hands in the face of hundreds of thousands of migrants crossing into the U.S. every month.

Immigration officers logged nearly 2.5 million migrant encounters last year. That’s a city more than double the size of Dallas.

Texas Gov. Greg Abbott has come in for easy criticism from immigration advocates who think the state’s policies are inhumane, from creating new physical barriers to busing or flying migrants to other parts of the country.

But the Biden administration’s response is to condemn any effort Texas makes in the name of enforcement. That includes suing the state over a new law that authorizes the arrest and potential deportation of suspected migrants.

We have serious concerns about that law. But no one should be surprised that the state is now passing laws around immigration when there has been so little action by the federal government to act to protect the state.

Yes, there are concerns but the reality on the ground can not be overlooked.  From Laredo in the east, to El Paso in the west, to neighboring Arizona, the situation is beyond unsustainable.

What happens if this case goes to the Supreme Court?  I don’t know, but the Biden administration is risking a double loss here.  First off, the justices may agree that Texas is under siege and entitled to self-defense.  Secondly, and this is bad, but the ruling will confirm that the federal government has been missing in action.

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