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Why Biden Got SCOTUS To Let Border Patrol Cut Texas Border Fences

January 22, 2024
Immigration policy expert Suchita Mathur explains why President Biden had to ask the US Supreme Court for permission to let US Border Patrol agents cut through a razor wire fence that Texas Governor Abbot installed at the border with Mexico. One family of migrants, including two young children, died at the crossing.
Show transcript
00:00
So, this is a little,
00:03
it's more on the serious end.
00:06
So basically, 23 migrants actually passed away while
00:13
attempting to cross the border.
00:16
So Texas Governor Greg Abbott,
00:20
he let me,
00:21
I'm gonna go back a bit.
00:23
So there's this intense situation going on between the Biden administration
00:28
and Texas. Governor Greg Abbott.
00:30
three migrants tragically drowned near Shelby Park in Texas.
00:36
a Mexican mother and her two Children,
00:39
Governor Abbott isn't holding back in his efforts to stop illegal crossings
00:44
So he fenced off Shelby Park and a hot spot
00:47
for illegal entries to make things more complicated border patrol
00:53
agents are being denied entry and now the feds are
00:56
turning to the Supreme Court for help.
00:58
I'm not familiar with exactly what's going on.
01:01
So we have a professional here with us.
01:04
She is a senior litigation attorney with the American Immigration Council.
01:08
So Soita Marther, thank you so much for joining us.
01:11
Can you lead us into what exactly is happening over there
01:17
at the border right now.
01:18
So for the most part,
01:19
what we're talking about who we're talking about when we're talking about
01:23
this family, this young mother with her two Children and many
01:26
many other people like her is we're talking about asylum seekers
01:30
people who are fleeing their homes.
01:32
We're hoping to come to the United States in order to seek
01:35
protection. and the background to that is that there are
01:39
many countries in Latin America right now that are experiencing political crises
01:44
devastating violence perpetrated by organized crime,
01:48
economic shocks related to the pandemic and you know,
01:51
also the disastrous effects of climate change.
01:54
And on many of these phenomena,
01:55
many of these, what we call push factors that are
01:59
forcing people to leave their homes.
02:02
The United States has an important role in creating these crises,
02:06
right, historically, in the past and in the present and
02:10
that generally doesn't get acknowledged by politicians in the country,
02:14
but that's super important context.
02:16
And so as you said,
02:18
what we saw this weekend is kind of the inevitable tragedy that
02:23
results from these really xenophobic based racist policies perpetrated by right now
02:31
Governor Abbott in,
02:32
in Texas. But that we've also seen,
02:35
you know, kind of proffered up by Republicans in the Senate
02:39
even Democrats in the Senate.
02:41
And unfortunately, by the Biden administration and so a young mother
02:46
and her two small Children died while trying to cross the Rio
02:49
Grande River. And the fact that they were trying to get
02:52
to Eagle Pass tells you that they intended to turn themselves in
02:56
They were not trying to enter the country and hide and
03:00
evade immigration authorities. Their goal was to get to the United
03:04
States find a border patrol agent and most likely tell them we're
03:08
fleeing for our lives.
03:09
We want to seek asylum and protection in the United States.
03:14
And as soon as the United States officials,
03:16
the CV P or customs and border patrol agents learned that there
03:19
was this group of migrants,
03:20
including his family in distress in the river.
03:23
And they learned that from their Mexican counterparts to observe them trying
03:26
to cross the river,
03:28
they basically show up at Shelby Park in Eagle Pass and they
03:32
demand access. And as you said,
03:37
the, the Texas National Guard,
03:39
the Texas officers said,
03:40
no, not even in emergencies,
03:42
even after they were told by us officers that there were people
03:46
at risk of dying.
03:47
Is there anything that the US government can actually do?
03:50
I, I know again,
03:51
they're kind of also at fault.
03:53
So it's kind of like,
03:54
but what can they actually do to overpower Texas authority in that
03:57
specific space? It seems like Texas is like not like we're
04:00
not going to let this happen,
04:01
but the government, I would assume has more power over that
04:03
but apparently not.
04:05
Yeah, I think you've really,
04:06
again kind of captured like the really confusing nature of what's going
04:11
on because anyone who's gone to,
04:13
you know, school in the United States has been taught about
04:15
the federal government, the state government,
04:16
usually the federal government gets to tell the state governments what to
04:19
do to some extent,
04:20
especially in things like immigration.
04:23
And so there are a number of different court cases right now
04:27
in which Texas and the federal government led by the Biden administration
04:31
are fighting about what Texas Texas is doing.
04:34
And one of them is this ongoing lawsuit that Texas
04:38
actually filed last year against the Biden administration.
04:42
saying that the Federal Court should order the administration to stop
04:47
cutting down the razor wire that Texas had put up along the
04:51
border. And why was the government cutting down Texas's razor wire
04:55
The answer to that is,
04:57
it was essentially an emergency situations.
05:00
Border patrol agents were groups of migrants trapped and they were cutting
05:05
through the razor wire in order to reach them to access them
05:10
and process them and assist them.
05:11
And we're seeing, you know,
05:14
filings as recently as Monday from the Biden administration telling the Supreme
05:19
Court, look, this is what's happening.
05:21
A mother and her two Children are dying and more of this
05:24
is going to happen because Texas is not only doing things like
05:28
erecting razor wire, but they're blocking our access to the park
05:33
So right now,
05:33
we're waiting to see what the Supreme Court does,
05:36
you know, common sense like you say,
05:39
and legal precedent would really seem to indicate that the Biden
05:45
administration should win in this case and should be able to order
05:49
Texas to take down the riser wire,
05:51
which is incredibly harmful and dangerous.
05:54
And you know,
05:56
as you said, the optics really are like they're treating people
05:59
not like they're people,
06:00
but like they're animals.
06:01
And while a lot of these root causes these push factors that
06:05
I mentioned are easily fixable,
06:07
there are solutions, I mean,
06:08
all we can hope for is a step in the right direction
06:10
Like you said,
06:11
there are solutions to this.
06:12
But it seems like we again can't figure it out,
06:16
figure out war with each other,
06:18
you know, the government in Texas.
06:19
But so basically Biden is asking the Supreme Court if he can
06:26
cut a fence that the governor of Texas put up to keep
06:31
people out from Mexico.
06:33
Again, the president,
06:34
I need things to be dumbed down for me.
06:36
So basically, corporate like a CEO is telling a store
06:44
manager to like, oh,
06:46
do you know, do something?
06:47
And the store manager is like,
06:48
nah, like I feel like that's like our government in a
06:53
nutshell. Ladies and gentlemen.
06:55
It doesn't make sense.
06:57
I know. Yeah.