As the conflict between the federal government and Texas escalates over the state's right to defend its border with Mexico, Gov. Greg Abbott is not backing down as a congressional Democrat called on President Joe Biden to federalize the Texas National Guard.
If the Texas National Guard were federalized solely to usurp Abbott’s constitutional authority to secure the Texas border, Congress should consider whether doing so constitutes a high crime and misdemeanor – an impeachable offense – under the U.S. Constitution, a constitutional law expert told The Center Square.
After Abbott invoked his constitutional authority to defend Texas’ border on Wednesday, saying, “The federal government has broken the compact between the United States and the States,” reports surfaced that Biden could federalize the Texas National Guard. This would result in pulling them from the Texas border and breaking the chain of command under Abbott.
Abbott called up several thousand guard members and positioned them at the Texas-Mexico border through his border security mission, Operation Lone Star. After the U.S. Supreme Court this week ruled Border Patrol agents could destroy Texas' concertina wire barriers, Abbott instructed guardsmen to build more.
U.S. Rep. Joaquin Castro, a Democrat from San Antonio, said that if Abbott “defies” the Supreme Court’s ruling, Biden “needs to establish sole federal control of the Texas National Guard now.”
The court ruling only addressed Border Patrol agent activity in Eagle Pass, Texas. It did not direct the governor to stop constructing the barriers or to stop enforcing state law.
