I am not an alarmist by nature. From my time as a prosecutor investigating the Watergate scandal, I have never doubted that justice would prevail or that democracy would survive. I never doubted that our union would last — until now.
Texas Gov. Greg Abbott’s actions at the southern border and his reaction to the Supreme Court’s decision in favor of the federal government make me fear for the continued existence of the United States of America. So does his signing of an expansive new law that gives the state’s law enforcement powers over immigration that rightly belong to the federal government, not to Texas or any other state. In fact, should the Supreme Court rule against the Biden administration‘s challenge to that law, that would have consequences for every federal policy, not just immigration policy.
On its own Abbott’s statement is enough to make me fear our future as a federal republic.
It has long been accepted that the federal government controls immigration, national security, international relations and our borders. Despite the clarity of federal and state roles, in July last year, Abbott placed a 1000-foot-long string of buoys, separated by serrated saw blades and supporting a submerged mesh net, in the middle of the Rio Grande near Eagle Pass, Texas. Not only did this unconstitutional move spark protests from the Mexican government and migrant advocates, but also at least two migrants were found dead in the buoy barriers. In addition, among other incidents, a pregnant migrant was rescued but miscarried while stuck in the wire. That makes it inhumane, as well as unconstitutional.
Yet, while the courts forced Abbott to remove that dangerous obstacle to migrants and transportation from the Rio Grande, the Texas National Guard continued to install razor wire at the edge of the state’s land border. When federal agents cut that wire last fall, Texas sued the U.S. for damage to state property. Last week, the Supreme Court ruled against Abbott and…
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