Gov. Greg Abbott says Biden is shirking his oath to protect border, leaving it to Texas

On the heels of a U.S. Supreme Court decision letting federal border agents remove razor wire that Texas installed along the Rio Grande to deter migrants from crossing into Texas from Mexico, Gov. Greg Abbott on Wednesday accused President Joe Biden of failing to enforce existing immigration laws and cited the state's right to self-defense.

"President Biden has violated his oath to faithfully execute immigration laws enacted by Congress," Abbott wrote in a statement Wednesday. "Instead of prosecuting immigrants for the federal crime of illegal entry, President Biden has sent his lawyers into federal courts to sue Texas for taking action to secure the border."

As part of Operation Lone Star, Abbott's $11 billion border security initiative, the state has implemented several measures to block migrants from entering the state, including setting up the razor wire, placing large water buoys in the Rio Grande and building segments of a state border wall.

On Monday, the Supreme Court ruled that federal agents can remove the razor wire after the federal government earlier this month sought an emergency ruling allowing it to do so to reach migrants or officers in distress and to patrol the southern border.

Abbott on Wednesday again accused the Biden administration of failing to prosecute migrants for illegally entering the country, ignoring rules surrounding the detention of migrants and "wasting taxpayer dollars to tear open Texas’s border security infrastructure."

Citing provisions of the U.S. Constitution on states' rights to self-defense, Abbott said Texas has the right to enforce state immigration provisions and place physical barriers in response to an "invasion," which Abbott has declared the immigration crisis along the Texas-Mexico border to be.

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"That authority is the supreme law of the land and supersedes any federal statutes to the contrary," Abbott wrote. "The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border."

The U.S. Constitution relegates immigration law to the federal government.

In successfully challenging, at least temporarily, Texas' ability to place the razor wire along its border with Mexico, the Homeland Security Department argued to the Supreme Court that state-level border initiatives are impeding federal authorities from enforcing immigration laws and are exacerbating the migration crisis.

"Texas stands in the way of Border Patrol patrolling the border, identifying and reaching any migrants in distress, securing those migrants, and even accessing any wire that it may need to cut or move to fulfill its responsibilities," the federal court filing states.

The Supreme Court's decision only overturns an injunction the 5th U.S. Circuit Court of Appeals issued in December barring the federal agents from cutting through the razor wire while the appeals court decides whether the Homeland Security Department and other federal entities can be blocked from seizing or destroying the wire barriers.

'United States has a constitutional duty to enforce federal laws'

In its escalating feud with Texas over border security, the federal government is also challenging a new Texas law set to go into effect in March that would allow state police authorities to arrest and deport anyone suspected of crossing into Texas outside of a legal port of entry.

Senate Bill 4, which Abbott signed into law in December, creates new penalties for anyone believed to have illegally crossed into Texas. The charges range from a Class B misdemeanor to a second-degree felony.

SB 4, whose March implementation could be delayed by a federal court order, requires people accused of illegally crossing the state's border with Mexico to either accept a magistrate judge's deportation order or face a second-degree felony for noncompliance.

More: What branch of government is ‘really’ responsible for the crisis at the border?

In a court filing earlier this month on behalf of a litany of federal agencies charged with overseeing immigration and foreign relations, the Justice Department cited previous Supreme Court precedent in arguing that SB 4 is preempted by existing federal law and is a violation of the Supremacy Clause of the U.S. Constitution.

"Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations," the suit states. "SB 4 is invalid and must be enjoined."

More: 'This is not over.' Greg Abbott, Ken Paxton react to ruling on Texas razor wire on border

As Democrats and migrant advocacy groups have come out against SB 4, calling it "patently illegal," Abbott and leading Republicans have touted the new law as a response to the federal government's border security inaction.

"The federal government has broken the compact between the United States and the States," Abbott said Wednesday. "The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now."

This article originally appeared on Austin American-Statesman: Gov. Abbott: Biden ignoring Texas' 'demands' on border enforcement