Immigration is what started the country, but it turned into what is breaking us apart. The United States is built on the foundation of laws, social contract, and natural rights, not only for its citizens but for all of God’s creations. Upholding some of these beliefs has been difficult for many of its lawmakers and those in power, as seen in the dispute between the state of Texas and the federal government over the Mexican border. Overall, Texas has taken control of the Mexican border using its National Guard and other Texas officials as defense. In addition, there has been an increase in activities such as setting up a razor wire barricade to deter illegal crossings. However, due to these acts of security, the Mexican border patrol and the United States federal government do not have access to the border, leading to tragedies and a large dispute between the federal government and Texas on the border. This situation also questions the authority of Texas, the rights that states have away from the Federal government, and the views placed on immigrants coming into the United States. Barack Obama once said, “My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too.”
Background of the United States laws, relationships, and immigration policies must be stated as it is essential to understanding the depth of the case. During the founding of our national government, Alexander Hamilton, James Madison, and John Jay wrote a series of Federalist papers to defend the new United States Constitution as the Articles of Confederation became a failure. Federalist #78, written by Alexander Hamilton, stated that the Supreme Court was the bridge between the people and Congress as through judicial review, the Supreme Court may justify whether a law, act, or policy is unconstitutional or oversteps the will of the people. Due to this fact, the Supreme Court plays a significant role in changing the course of the nation, as their decisions do not just alter federal actions but states as well. After the Constitution was established as the supreme law of the land, the states must abide by federal law and Supreme Court decisions. The Constitution is ultimately the word of the people as the citizens had first voted for this document to be implemented. In the case presented, Texas, the federal government, and the Supreme Court must review these beliefs and standards as they look for further action.
Over the history of the United States, immigration policies have made a significant impact on both incoming citizens and those already residing here. Immigrants have faced stigma, prejudice, and violence, a trend that persists to the case before us. Even though the nation was built from immigrants, there are various policies and acts set into place to hinder immigrants as a whole. To start, the Chinese Exclusion Act of 1882 was, in summary, a restriction of specific Chinese immigrants as they must meet a certain requirement to enter the United States. This act was placed into effect due to the negative perceptions of those of Chinese descent. Americans believed that the Chinese were taking their jobs; however, the Chinese Exclusion Act invited more hate and discrimination towards Chinese Americans already residing in the United States. Also, this act dissuaded immigrants from various countries from seeking entry into the United States as they saw the negative relationship between the government and immigrants already here. Similarly, the Exclusionary Act of 1917 mentioned that those from the Middle East and South Asians were restricted from coming into the United States, unless under certain conditions. Overall, these policies reflect the viewpoints of Americans towards immigrants over the years. In relation to this case, immigrants are placed under a negative magnifying glass, highlighting a persistent pattern of how immigrants are perceived and treated in the United States.
As we have just looked over the background information on the history of the United States, the situation presented here between Texas and the federal government has raised many flags regarding the states’ rights, the authority of the Federal government, the Supreme Court precedents, views towards immigrants, and harsh realities that have taken place due to disagreement. Texas had taken over the Mexican border due to the large increase in migrant crossings.
However, Texas had used extreme measures to maintain control of the border including using a razor wire near the Rio Grande, the Texas National Guard, and other Texas officials. The Supreme Court, in a 5 – 4 decision, granted the border patrol permission to cut down the razor wire to allow themselves access. Texas, however, sued the border patrol stating that cutting down the wire was an act of trespassing. Governor Greg Abbott of Texas is actively defying the federal government by adding more razor wire, raising questions the states’ rights. The states must obey the federal government and the Supreme Court because the federal law always supersedes state law. Additionally, this action raises uncertainties about the role of states in immigration as even the constitution states that immigration must be governed by the federal government only.
Governor Greg Abbott has strong beliefs regarding immigration in the Rio Grande, as he states that the increased rates of immigrants coming from the Rio Grande is an “invasion.” This terminology can be viewed as a negative perspective on immigrants who may have a positive intention of coming to the United States. As harsh views towards immigrants have been constant throughout history, Governor Greg Abbott is perpetuating these ideas.
The death of three migrants is a result of Texas’ control of the Mexican Border. Due to the Texas Governor not allowing the federal government or border patrol to have access to the Border at the Rio Grande in Shelby Park, three migrant children and a mother drowned. On that terrible night, it was reported that Mexican officials notified the border patrol of the drowning. However, the lack of access created an obstacle to the rescue of these migrants. The Texas Military Department stated the drownings were reported to them after the occurrences, so nothing could have been done, but this isn’t a fact. The death of these three migrants demonstrates the negative impact that Texas’ control had on the lives of innocent human beings.
There are still many unanswered questions about the situation between Texas and the federal government, as well as future precedents that this case will lead to. However, there will definitely be a large impact on the nation’s approach to immigration and the branches of government. We must look to the future with optimistic eyes as we watch history unfold.