EXCLUSIVE — A pair of House Republicans is seeking to establish states’ rights to challenge the federal government and implement laws to protect their borders amid a dispute about the handling of the southern border.
Rep. Chip Roy (R-TX) and Rep. Dan Bishop (R-NC) introduced a bill on Wednesday that would reaffirm the “constitutional ability” of state attorneys general to challenge the federal government in court when it comes to securing its border. The legislation, dubbed the Standing Up to the Executive Branch for Immigration Enforcement Act, would ensure states have the legal standing needed to challenge the secretary of Homeland Security or U.S. attorney general when it comes to border policies.
“The Biden Administration has consistently ignored the laws on the books that require operational control of our border in pursuit of an open borders agenda, creating the invasion we have watched for years at our southern border,” Roy said in a statement. “The states and the American people deserve better than the deliberate destruction of their sovereignty, safety, and way of life. That’s why I’m proud to co-lead this effort with my friend Rep. Bishop.”
The legislation lists several instances in which a state can seek legal action against the federal government if it can prove the state or its residents experienced physical or financial harm. The bill would make changes to the Immigration and Nationality Act to increase the legal abilities and enforcement capabilities of state attorneys general.
The bill specifically cites the ability of states to obtain legal remedies if the U.S. attorney general or DHS secretary violates a provision that requires the federal government to expedite the removal of illegal immigrants who are “not eligible to apply for admission.” The legislation would also allow states to challenge the federal government if a decision is made to release or grant parole to an illegal immigrant “that harms such state or its residents.”
The legislation would also amend a provision that allows the attorney general to grant parole on a case-by-case basis to allow for states to challenge those admissions if they harm the state or its residents, according to the bill.
In each of the exceptions listed, the legislation would require courts to “expedite the disposition” of the civil action in order to be remedied as soon as possible.
“It’s due time — and especially in light of recent SCOTUS cases — that Congress reaffirm the states’ constitutional ability to defend their own borders,” Roy said. “The Standing Up to the Executive Branch for Immigration Act would make clear that state attorneys general have the legal standing they need in court to obtain legal remedies if the federal government flouts federal law.”
The bill is the latest development in a dispute in Texas over the handling of the southern border as both state officials and the federal government wrestle over who has operational control.
In recent weeks, Democratic lawmakers have called on President Joe Biden to federalize the Texas National Guard after troops seized control of Shelby Park in Eagle Pass last month despite rejections from federal law enforcement. Shelby Park is one of the busiest locations for illegal immigrants to cross over into the United States.
That decision by Gov. Greg Abbott (R-TX) came after the Supreme Court ruled in favor of the Biden administration to remove razor wire installed along the Rio Grande, which the administration argued made it difficult for federal border officials to perform their duties. Abbott responded by telling the state national guard to hold the line, creating a standoff with the federal government over who has the authority to implement border security policies in the state.
Republican governors in other states have also vowed to send members of their national guards to bolster Abbott’s efforts, including Gov. Ron DeSantis (R-FL), who announced last week he would reestablish the Florida State Guard to send as many as 1,000 Florida National Guard soldiers to the southern border.
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Other House Republicans have responded with legislation of their own, including Rep. Matt Gaetz (R-FL), who filed a bill on Tuesday that would prohibit federal officials from removing barbed wire or other barriers implemented by state governments within 25 miles of the southern border.
“President Biden and Secretary Mayorkas are pursuing a disastrous open borders policy at any cost, including repeatedly and flagrantly violating federal immigration law,” Bishop said. “This legislation will be a critical tool in the fight against open borders and for law and order. I’m glad to be spearheading this effort with my friend Rep. Roy, and hope to see it pass expeditiously.”
