Tuesday, October 31, 2023

[U] Texas Gov. Abbott Poised To Lose, Again -- On His Land Based Razor Wire Structures. Feds Have Begun Cutting It Away -- Texas Sues. Yawn.


This is nothing more than a strike suit, by Texas -- Gov. Abbott knows he's already lost this one. It is all over, but the shouting.

There is no doubt that border matters are purely federal in jurisdiction. No role for. . . Texas. So, CBP has been removing dangerous razor wire Gov. Abbott overland as well. Abbott sued -- and there will be a hearing next week. Abbott will lose, just as he did, on the Rio Grande. Here's a bit of the latest, from ABC local:

. . ."You find actually, a lot of the actual wall structures in Texas are well within U.S. territory. Even for the portion from the international boundary line, up to that wall, anyone standing in that area has equal rights under the law to seek asylum as someone standing north of whatever boundary line," said Elissa Steglich, a clinical professor and co-director of the Immigration Clinic at the University of Texas School of Law. . . .

[A federal border official said] "We do not comment on pending litigation. Generally speaking, Border Patrol agents have a responsibility under federal law to take those who have crossed onto U.S. soil without authorization into custody for processing, as well as to act when there are conditions that put our workforce or migrants at risk. . . ."

[Another federal border official said in September that] ". . .I think there's a lot of misunderstanding about what Border Patrol agents can and can't do. We see a lot of a lot of folks say just push people back, just don't let them cross or send them back immediately. The U.S. Border Patrol is a law enforcement agency, we enforce the laws that are on the books, we don't have the right, nor should we, to deny somebody due process once they are on American soil. . . you don't want a law enforcement agency that goes rogue and doesn't adhere to those principles. . . ."


Indeed. Do stay tuned. . . snowing steadily here, for the trick or treaters this evening. Grin.

Updated -- at 5 pm EDT -- finally found the filings; the only thing that has happened is a one week stay order (to preserve the status quo), without having heard from any agency of the federal government.

A November 7, 2023 (one week out) hearing will address whether the stay ends, and whether the feds may return to removing the razor wire barrier, on federal border pathways. So, most of the MSM out of Texas is largely mis-reporting the status of the matter. The "order" of yesterday was ex parte -- and no adversay filings yet exist. It will all change next week.

नमस्ते

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