Finally! A State Attorney General With A Backbone!

Paxton To Mayorkas: Go Pound Sand

As a retired attorney (Oregon), I have been increasingly frustrated watching governors and state attorneys general doing virtually nothing to rein in the lawless Biden Regime. Below is just one example of what governors and AGs in California, New Mexico, Arizona and Texas could have, should have, been doing since January 20, 2021, when our southern doors were flung wide open and Biden invited the peoples of the world to enter.

USING OUR CONSTITUTION TO STAND UP TO TYRANNY

Texas Attorney General Ken Paxton sent a letter to the Department of Homeland Security on Wednesday in response to their cease-and-desist letter addressing the state’s seizure of Shelby Park in Eagle Pass. On January 14th the corrupt Mayorkas’ office sent the letter to Paxton claiming that the Texas National Guard’s attempts to block illegal crossings was unconstitutional. The letter claimed the Biden Regime was in charge of the border. In reality, the regime is in violation of its constitutional oath to enforce the immigration statutes which have been enacted by ELECTED representatives of We The People. Therefore, the State of Texas, and all states, not just border states, have the right to protect their citizens from the invaders.

Paxton responded to Mayorkas’ office stating Texas “will continue utilizing its constitutional authority to defend her territory,” adding that he plans to “continue defending those lawful efforts in court.” Paxton went on to point out that their cease and desist “rests on a more fundamental misunderstanding of federal law and the role of sovereign States within our constitutional order.”

“This much is clear from your invocation of a federal statute that gives U.S. Border Patrol warrantless access to land within 25 miles of the border, but only ‘for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States,’” wrote the attorney general.

“President Biden has ordered your agency to do the exact opposite, in keeping with his open-borders campaign promise. There is not even a pretense that you are trying to prevent the illegal entry of aliens.”

TEXAS HAS LAWYERS, TOO

Paxton stated in his letter that “Texas has lawyers, too” and that the letter-writer, Jonathan E. Meyer, DHS General Counsel, should advise “clients at DHS to do their job and follow the law” rather than relying on Biden’s corrupt Department of Justice to front for their lawlessness.

Just one day after the January 17th deadline outlined in the cease and desist, the Texas National Guard proceeded to install additional razor wire along the Shelby Park border. In addition, it has been confirmed that Texas law enforcement officers have begun enforcing criminal trespass on single adult men & women.

Texas’ seizure of Shelby Park is one of the many steps that Texas has taken to secure the border amid an influx of foreign nationals, including the implementation of buoys in the Rio Grande meant to deter people from swimming & wading across. This barrier also prompted legal action by Biden’s corrupt DOJ in which they allege that “Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization.” This case is still working its way through the courts and the buoys are still in place.

STATES HAVE CONSTITUTIONAL RIGHTS TO PROTECT THE BORDER

The following was written by my friend, Dr. Stephen Putney, retired constitutional professor from Liberty University, Lynchburg, VA:

Texas AG Ken Paxton, is a true constitutionalist.  He understands the nature of dual sovereignty inherent in a federal system of government.  He is not intimidated by DHS attorneys who are either bullies or haven't a clue as to the meaning of Article I, Section 10, Clause 3.  Paxton is on solid legal ground in defending the state of Texas and its right of self-defense as expressed in Art. I, Sec. 10, Cl. 3.  Texas has every right to defend itself as a result of the failure of the United States to fulfil its obligation and honor the Guarantee Clause of Article IV, Section 4.  

I would be surprised if the DHS/DOJ were actually to take legal action against Texas in this matter.  Surely there is someone in the bowels of the National Government who has actually read, understands, and knows the proper interpretation of the US Constitution with respect to this matter!

With a wide-open border, Texas is being overrun by an illegal unvetted chaotic mass of unmanageable entries that are overwhelming the State and spreading throughout the nation.  Educational, criminal, health care and social service systems in many locales are unable to keep up.  A case in point demonstrating the failure of the Biden Regime is the rape and murder of 20-year-old Kayla Hamilton by a 17-year old Salvadorian MS-13 thug. Had Biden’s border agents bothered to lift up his shirt they would have seen his MS-13 tattoo. Were they ordered NOT to investigate and deport MS-13 members?  Kayla's mother is suing the corrupt Biden regime (DHS) for $100 million dollars, the first such lawsuit of its kind. 

The actions the Texas governor and attorney general have taken has the potential of drawing people's attention to the beauty of the concept of dual sovereignty and the role it serves in upholding liberty in a federal system of government. Americans know Biden could close the border by Executive action immediately.