The United States of America is a nation built on immigration. However immigration policy has always been at the forefront of the political battleground in the United States. The current situation in Texas has exacerbated tensions over immigration and shone a light on the constitutional, ethical, and legal debates over immigration enforcement. Indeed, the battle between federal and state authorities there may soon lead to a constitutional crisis.
In 2021, Texas Governor Greg Abbott launched Operation Lone Star (OLS), a joint operation between the Texas Department of Public Safety and the military intended to combat illegal immigration, as well as drug and human trafficking. OLS has been criticized by the Biden Administration and by many Democrats, with Texas Congressman Joaquin Castro calling Abbott’s policies “brutal” and “inhumane.”
According to Human Rights Watch, OLS has contributed to the deaths of more than 70 people during pursuits by law enforcement officials. Additionally, OLS has authorized the transport of more than 100,000 migrants to sanctuary cities across the North, such as New York, Chicago, and Washington, D.C.—a move designed to abuse the asylum policies of Northern, Democrat-ruled cities.
Alongside the theatre of federal versus state authorities in the political battle on immigration, a partisan battle between Republicans and Democrats is also heating up. On January 28, House Republicans launched an inquiry against Alejandro Mayorkas, Secretary of Homeland Security. Mayorkas’ impeachment by the House is on historically poor grounds with obscure evidence and little constitutional justification.
Mayorkas will likely keep his position; his case will be heard in the Democrat-controlled Senate, where impeachment would require a two-thirds majority. However, the battles between the federal government and individual states on immigration is pivotal to upcoming elections and the political climate of the nation as a whole. The use of impeachment as a tool in political warfare is a testament to the divisiveness of partisan politics in the United States.
The Supreme Court ruled in January that it is the responsibility of the federal governement, not individual states to enfoce border security. Under the Constitution, Texas is usurping the power of the federal governemnt. Article VI, Paragraph II of the Constitution states that federal laws and constitutions always take precedence over state laws and constitutions (except for certain laws that are inapplicable to this scenario). Texas’ refusal to comply with the federal government’s orders to cease may initiate a constitutional crisis.
Texas and its administration need to start complying with federal authority, lest they catalyze a major political crisis where the state is in the wrong.
